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Warkat
Published by Universitas Brawijaya
ISSN : 2775721     EISSN : 30259657     DOI : https://doi.org/10.21776/warkat
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Warkat is open access, double-blind peer-reviewed journal of Notary Science published by the Faculty of Law, Universitas Brawijaya biannual in June and December. Warkat is a forum for lecturers, researchers, and practitioners to publish research results or book review results. Realizing the global challenges and ever-increasing legal interaction among developing countries, Warkat also welcomes articles on legal development in the ASEAN region and the larger Global South. Warkat has a broad scope related to notarial science. Examples include civil law, criminal law, constitutional law, state administrative law, international law, Islamic law, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol. 3 No. 2 (2023): Desember" : 5 Documents clear
Penerapan Pasal 8 Ayat 1 Huruf (F) Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Terkait Iklan Penjualan Kavling Tanah di Kota Malang: Implementation Of Article 8 Paragraph 1 Point (F) Of Law Number 8 Of 1999 Concerning Consumer Protection In The Sale Of Land Plots In Malang City Finishia, Arsella; Yuliati; Wicaksono, Setiawan
Warkat Vol. 3 No. 2 (2023): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n2.3

Abstract

This research aims to observe the rising trend of the sale of land plots that disadvantages consumers by studying the implementation of Article 8 Paragraph 1 Point F of Law Number 8 of 1999 concerning Consumer Protection regarding the sale of land plots in Malang city. This research is categorized as empirical-juridical methods that directly observed the objects concerned. The research results conclude that Article 8 Point F is not appropriately implemented in terms of the principles of advertisements for land plots, while informative and appropriate advertisements are paramount. Some impeding factors were also found such as the lack of empowerment, promotion, and awareness of the consumers and business people. Facilitating dispute resolution for the consumers can be taken as a measure through Consumer Dispute Resolution Agency and a special program to control advertisements for housing.
Perlindungan Hukum Terhadap Konsumen Pre Project Selling Perusahaan Pengembang Properti Yang Dinyatakan Pailit: Legal Protection Of Pre-Project Selling Consumers Of Property Development Company Declared Bankrupt Muniefiy, Nawal Zidan El; Santoso, Budi; Ganindha, Ranitya
Warkat Vol. 3 No. 2 (2023): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n2.4

Abstract

Pre-Project Selling consumers are in the weakest position in bankruptcy, because in addition to being the last creditor, consumers also cannot be said to be the owner if there is no AJB. The Curator's action to put the apartment building into bankruptcy is in accordance with the provisions of the law. Legal protection involves both preventing and repressive protections. In terms of preventive action, the sale and purchase agreement (PPJB) legally made according to Article 1338 of Civil Law serves as the law governing all parties in the contract. The PPJB which is binding to both consumers and business people sets forth rights and obligations that both have to understand. The rights of the consumers involve receiving the house as the object within the time as agreed upon. Moreover, the law requires the business people to run the business in good faith. The parties responsible to provide goods and/or services according to the orders made must not break the terms set out in a contract and must provide redress. This redress consists of that given through commercial court, consumer redress according to the position as concurrent creditors, or redress of the company through civil lawsuits. Law concerning bankruptcy and Consumer Protection Law have different solutions, but these two laws affect each other and are connected when a property company is declared bankrupt.
Analisis Yuridis Pembatasan Pemberian Hak Milik Atas Tanah Untuk Rumah Tinggal: Juridical Analysis of Limiting Land Size for Residential Housing Fitriana, Dina; Herlindah; Wicaksono, Setiawan
Warkat Vol. 3 No. 2 (2023): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n2.1

Abstract

The restriction of the land size for residential housing is intended to prevent any piling up lands for certain people as in line with Articles 7 and 17 of Basic Agrarian Law (UUPA) which are further highlighted in Government Regulation according to Article 12 of Government Regulation in Lieu of Law Number 56 of 1960. However, there are no regulations governing the limitation of land size in place. More specific regulations regarding the right to land are outlined in the Decree of Agrarian Minister/the Head of National Land Agency Number 6 of 1998 concerning Grant of Right to Land for Residential Housing. The regulatory provisions highlight the restriction of the land size requested for residential housing and the land size that applicants can own, but it is only restricted to the applicants or for extended rights. The Decree of Agrarian Minister/the Head of National Land Agency Number 6 1998 does not seem to give a solution to what has been mandated in ownership or right restriction of non-agricultural lands, which is to be regulated in Government Regulation. Departing from the issue above, this research aims to study the grant of the right to land for residential housing by conducting a juridical analysis. This research use normative methods to analyze land ownership limitation and land registration.
Pengaturan Dan Penerapan Surat Izin Membuka Tanah Negara Sebagai Syarat Pendaftaran Hak Atas Tanah di Kota Balikpapan: Regulation and Implementation of Issuing a Permit to open a State Land as a Requirement to Register the Right to Land in Balikpapan City Rahmatika, Nur Auliya; Qurbani, Indah Dwi; Cahyandari, Dewi
Warkat Vol. 3 No. 2 (2023): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n2.2

Abstract

This research departs from the Regional Regulation of Balikpapan City Number 1 of 2014 concerning the Permit to open a State Land while the permit is required as proof of land ownership to register the right to land in Balikpapan city. A stamp statement of the land concerned can be used as proof of land ownership for the registration mentioned above. Based on the above issue, this research aims to investigate the problems regarding (1) the regulation of the provision of the permit used to open a state land as a requirement to register the right to land in Balikpapan city and (2) the implementation of the permit used to open a state land as a requirement to register the right to land in Balikpapan city. This research employed socio-legal and socio-juridical methods and took place in Balikpapan as the first city to put the regulation in place regarding the permit mentioned above as a requirement to register the right to land as governed in a Regional Regulation. His research reveals that the Regional Government of Balikpapan City holds the authority to enforce this regulation according to Law Number 23 of 2014 concerning the Regional Government. The implementation of this permit to open a state land as the proof of land ownership in the registration of the right to land in Balikpapan has not been efficient, while people can still refer to the stamp statement to replace this permit document. Therefore, this research suggests that adjustments regarding the regulation be made to assure legal certainty for the people of Balikpapan.
Model Perwujudan Good Faith (Asas Itikad Baik) Dalam Pemberantasan Mafia Tanah Terhadap Peralihan dan Pendaftaran Hak Atas Tanah Di Indonesia: A Model for the Realisation of Good Faith in the Eradication of the Land Mafia on the Transfer and Registration of Land Rights in Indonesia Laila, Fathul
Warkat Vol. 3 No. 2 (2023): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n2.5

Abstract

Land actually provides a peaceful place where humans are born, live their lives, until they die and are buried together with nature, but land can have a winding history with all the tragic dramas and euphoria including the drama of land seizures both among individual communities and forced seizures by the State in terms of stripping property rights, land expropriation or land dispossession, as well as forced seizures, namely unilateral recognition of land, land appropriation where all become life dramas that flow blood and tears. The purpose of this research is to analyze the model of the realization of good faith in the eradication of the land mafia against the transfer and registration of land rights in Indonesia. The model of handling crimes in the land sector, especially related to the rise of the land mafia, can be done preventively and repressively in which the handling requires cooperation with various parties including the Police (Anti Land Mafia Task Force), the Attorney General's Office, the Supreme Court, the Judicial Commission, and others. It takes a deep awareness and a noble inner attitude and must always be held firmly by all stake holders as an effort to create a high moral attitude, avoid despicable acts, uphold the values of honesty, truth, and justice in order to realize the guarantee of legal certainty that is fair to land rights throughout the territory of the Republic of Indonesia so that the essence of good faith in the transfer and registration of land rights is interpreted as providing protection for the values to be maintained by the laws and regulations in contractual relations due to the legal act of transferring rights / transferring land rights before PPAT.

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