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Journal : JURNAL ILMIAH LIVING LAW

DEVELOPMENT OF DESIGN PRINCIPLES DROIT DE PREFERENCE AGAINST OWNERS BUSINESS PREMISES IN TANAH ABANG JAKARTA Khairi, Ilman; Martin, Abraham Yazdi
JURNAL ILMIAH LIVING LAW Vol 9, No 2 (2017): JURNAL ILMIAH LIVING LAW VOL.9 NO.2 2017
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (972.843 KB) | DOI: 10.30997/jill.v9i2.1034

Abstract

Use Rights Certificate Business Place (SHPTU) is proof of ownership of the right to use business premises (shop) in a market that is owned by market traders. SHPTU have a fairly high economic value. Therefore, expected SHPTU can be used as loan collateral. SHPTU have a common element of the lease, as in article 1548 of the Civil Code. Because SHPTU not the right material, then SHPTU can not be guaranteed by using a material guarantee institutions. The research method with the added element of normative juridical empirical, with the analysis of qualitative data. From the analysis it can be concluded that SHPTU not the right material, but given SHPTU has economic value and can be transferred, it is expected that the government can immediately respond to the needs of society (the Merchants Market) to the existence of a guarantee institution which can accommodate SHPTU shop as loan collateral. Resulting from the rigidity of the legal material to deliver the right material on business premises or SHPTU recommended for use kaedah contained in Article 48-49 of the legislation Flats by issuing Certificates of Building Owners and Building (SKBG), where the issuance of the certificate is the same between Local government in this case the Department of Public Works and the Department of Housing, while still managing PD Pasar Jaya as it has been running for this. Issuing authority on the issuance of a certificate is not PD Pasar Jaya but agency in charge of publishing the SKBG. When referring to the Building Act SKBG publishing at the Department of Public Works, and when referring to the Law on Housing, the publishing SKBG by the Department of Housing. That way it is assured of legal certainty as mandated by state law, as well as the grand theory of Hans Kelsen. SKBG is way out proof of ownership of the store, which is very expensive because of the value it needs the necessary legal certainty regarding the right material.Keyword: Droit De’ Preference, UMKM, Shops
DEVELOPMENT OF DESIGN PRINCIPLES DROIT DE PREFERENCE AGAINST OWNERS BUSINESS PREMISES IN TANAH ABANG JAKARTA Ilman Khairi; Abraham Yazdi Martin
JURNAL ILMIAH LIVING LAW Vol. 9 No. 2 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (972.843 KB) | DOI: 10.30997/jill.v9i2.1034

Abstract

Use Rights Certificate Business Place (SHPTU) is proof of ownership of the right to use business premises (shop) in a market that is owned by market traders. SHPTU have a fairly high economic value. Therefore, expected SHPTU can be used as loan collateral. SHPTU have a common element of the lease, as in article 1548 of the Civil Code. Because SHPTU not the right material, then SHPTU can not be guaranteed by using a material guarantee institutions. The research method with the added element of normative juridical empirical, with the analysis of qualitative data. From the analysis it can be concluded that SHPTU not the right material, but given SHPTU has economic value and can be transferred, it is expected that the government can immediately respond to the needs of society (the Merchants Market) to the existence of a guarantee institution which can accommodate SHPTU shop as loan collateral. Resulting from the rigidity of the legal material to deliver the right material on business premises or SHPTU recommended for use kaedah contained in Article 48-49 of the legislation Flats by issuing Certificates of Building Owners and Building (SKBG), where the issuance of the certificate is the same between Local government in this case the Department of Public Works and the Department of Housing, while still managing PD Pasar Jaya as it has been running for this. Issuing authority on the issuance of a certificate is not PD Pasar Jaya but agency in charge of publishing the SKBG. When referring to the Building Act SKBG publishing at the Department of Public Works, and when referring to the Law on Housing, the publishing SKBG by the Department of Housing. That way it is assured of legal certainty as mandated by state law, as well as the grand theory of Hans Kelsen. SKBG is way out proof of ownership of the store, which is very expensive because of the value it needs the necessary legal certainty regarding the right material.Keyword: Droit De’ Preference, UMKM, Shops
PERLINDUNGAN HUKUM BAGI RAKYAT PENGGUNA TEMPAT USAHA DI PASAR TRADISIONAL DALAM RANGKA MENDAPATKAN SUMBER DANA Ilman Khairi
JURNAL ILMIAH LIVING LAW Vol. 15 No. 1 (2023): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Certificate of Right to Use a Business Place (SHPTU) is proof of ownership of a right to use a business place (stall) in a market owned by market traders. SHPTU has a fairly high economic value. Therefore it is expected that SHPTU can be used as collateral for credit. SHPTU have something in common elements by leasing as in article 1548 of the Civil Code. This study aims to examine how legal protection for users of business premises in traditional markets can be applied and implemented for the ownership of business premises. The research method used in this study is normative juridical research method by adding empirical elements, with qualitative data analysis. Exploring and analyzing data in the form of documents complemented by factual data in the field so that appropriate conclusions can be drawn. The research findings show that SHPTU is not a material right, but considering that SHPTU has economic value and can be transferred. SHPTU of this valuable stall allows it to be used as collateral for credit by referring to the methods contained in Articles 48-49 concerning the Law on Flats by issuing Certificates of Ownership of Buildings and Buildings (SKBG), where the issuance of certificates is the same between Regional Governments in this case Public Works and Housing Services. SKBG is a way out for proof of stall ownership, because the value is very expensive, legal certainty is needed regarding material rights. Keywords: SHPTU; Legal Protection; UMKM.