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ANALISA PENERAPAN PUTUSAN ULTRA PETITA OLEH MAHKAMAH KONSTITUSI DALAM PUTUSAN PERSELISIHAN HASIL PEMILIHAN UMUM Putri, Ratu Syifa Junaedi; Farhan, Alif; Wasistha, Ariani Nurhanifah Putri
Jurnal Media Justitia Nusantara Vol 13 No 1 (2023): Februari 2023
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30999/mjn.v13i1.2614

Abstract

The Constitutional Court is a particular judicial state institutions that has a position as a judicial institution besides the Supreme Court. Their responsibilities and power are controlled in Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia, where one of them is determining disputes over the outcome of the presidential elections. Requests for these types of issues may only be submitted by election participants considering the rules and regulations provided in Law no. 24 of 2003. In giving a decision, the judge has the right to find his own law, including giving a decision that exceeds the application submitted by the applicant which is called a decisionultra small. This is intended to provide substantive justice to the applicants. The objective of doing  this research is to analyze whether the decisionultra smallcan be applied in the issue of disputes over election results. For this reason, , a normative research was conducted using a qualitative methodology so that the results provided are a comprehensive discussion. The outcomes from this research prove that the verdictultra smallcan be given to cases of disputed election results. Example of applicationultra small against the action of the Constitutional Court is the Constitutional Court Decision Number 41/PHPU.D-VI/2008 and the Constitutional Court Decision Number 57/PHPU.D-VI/2008.Keywords:ultra petita, verdict, election dispute 
Meikarta’s Delay Dilemma: A Legal Study on Apartment Handover and Consumer Harm Rossa, Joan Angelica; Putri, Ratu Syifa Junaedi
Indonesian Journal of Agrarian Law Vol. 1 No. 2 (2024): July, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i2.31081

Abstract

This article will discuss 'Legal Analysis of the Delay in Handover of Meikarta Apartment Units: Implications for Consumer Protection.' This research uses a qualitative research method that is descriptive in nature with a normative juridical approach. The results of this research indicate that the root cause of the delay in the handover of Meikarta apartment units lies in the developer's non-compliance with the administrative requirements before marketing the units through the pre-project selling system. The incompleteness of building permits, the unresolved status of land rights, and the unmet environmental impact analysis documents are the main factors causing delays in construction. According to applicable regulations, as long as these permits have not been obtained in full, the developer should not be allowed to enter into a Sale and Purchase Binding Agreement (PPJB) with prospective consumers. Therefore, based on the actions taken by the developer, the Meikarta apartment developer is entitled to be responsible as a form of legal protection for consumers.