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All Journal Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Jurnal Minuta
Aripin, Jacqueline
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Arts Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Minuta

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Pemindahan Depo Pertamina Plumpang: Antara Politik atau Hukum? Kurniawan, Felix Alexander; Aripin, Jacqueline; Aristo, Erly
JURNAL MINUTA Vol. 6 No. 02 (2024): September 2024
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v6i02.7117

Abstract

Legal issues in Indonesia are often dominated by political considerations, frequently sidelining fundamental legal principles. Decisions made by law enforcement authorities in Indonesia are often politically motivated, resulting in populist policies. One such case involves the relocation of the Depo Pertamina Plumpang in North Jakarta, impacting the residents of Tanah Merah. Although various legal instruments have been provided to the residents of Tanah Merah, they fundamentally lack legitimate ownership of the land. This study examines the legal and political aspects of the Depo Pertamina Plumpang relocation. The research employs a normative legal method, incorporating statutory and conceptual approaches, with primary legal sources and materials. The findings reveal that the legal politics underlying the relocation of the Depo Pertamina Plumpang serve to grant legitimacy for the residents of Tanah Merah to establish residential buildings. However, this has led to populist policies that conflict with the legality of land and property ownership. Specifically, the Temporary Area Building Permits (IMB Kawasan Sementara) issued by the government are legally invalid and cannot constitute a basis for land ownership. As land ownership is authenticated through land title certificates, the actions taken result in the residents of Tanah Merah occupying hazardous areas within the buffer zone, further exacerbating the risks associated with these settlements. 4o Keywords: Politik Hukum, penegakan hukum, Depo Pertamina Plumpang.
Upaya Hukum Terhadap Rumah Susun yang Tidak Memenuhi Persyaratan Teknis dalam Sertfikat Laik Fungsi Aripin, Jacqueline
JURNAL MINUTA Vol. 7 No. 01 (2025): March 2025
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v7i01.7465

Abstract

The scarcity of land has prompted a shift towards vertical housing solutions, with apartments gaining prominence as a viable alternative to traditional single-family dwellings. However, In creating a suitable apartment development, the apartment developer should pay attention to the requirements for the apartment, one of which is contained in the form of Sertifikat Laik Fungsi (SLF) based on Law No. 20 of 2011. SLF essentially functions in providing legality for the operation of an apartment and providing a sense of security. However, in fact there are still flats that have SLF, but they do not comply with the actual condition of the building's reliability, causing losses to the flat's occupants. One of them occurred at the PH Flats. For this reason, the author is interested in studying legal violations regarding SLF ownership by the PH Flats along with the legal measures that can be taken by the residents of the flats due to the losses they suffer. This research is based on normative research methods as well as statutory and conceptual approaches with data sources and types of primary legal materials. The results of this research indicate that legal violations regarding SLF ownership are caused by mal administrative actions by Dinas Cipta Karya dan Tata ruang in issuing SLF along with violations of building reliability requirements carried out by apartment developers. There are legal remedies that can be taken by apartment residents, both in litigation and non-litigation efforts.
Co-Authors Erly Aristo Faustine, Stefanie Kurniawan, Felix Alexander Regina Cecilia Yogawan Putra, Valerie