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INDONESIA
Jurnal Minuta
Published by Universitas Surabaya
ISSN : 26561352     EISSN : 26853078     DOI : 10.24123/minuta
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Minuta a journal published by Master of Notarial Law Postgraduate Program, University of Surabaya. From the establishment Minuta has published a legal periodical publishing scholarly and authoritative articles on legal issues of current importance to both academic research and legal practice. he aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics related to Notarial matters which includes but not limited to works from the domains: - CONTRACT LAW - BANKRUPTCY LAW - GUARANTEE LAW - LAND LAW - FLATS LAW - TAX LAW - NOTARIAL CODE OF ETCHICS
Arjuna Subject : Ilmu Sosial - Hukum
Articles 25 Documents
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Dualitas PPPSRS pada Apartemen MP: Kesalahan Gubernur DKI Jakarta serta Solusinya Faustine, Stefanie
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.v6i02.6907

Abstract

Abstract Each apartment has parts that are owned individually and parts that are owned jointly with the owner and/or other residents. The complexity of apartment ownership led to the creation of PPPSRS in Law 20/2011 to manage the shared ownership section. However, in several apartments, PPPSRS which should be responsible for regulating flat ownership, is involved in internal disputes to win positions. Like what happened at the MP Apartments, where there was a group of people who wanted to overthrow the previous PPPPSRS, thereby creating a duality of PPPSRS because the PPPSRS management had been approved by the Governor of DKI Jakarta. The purpose of this writing is to find out the causes of PPPSRS duality in MP Apartments and what the solution is. The research method in this writing is normative juridical methodology, using 2 (two) approaches, namely the statutory and conceptual approaches to identify and analyze relevant legal frameworks. The research results show that the duality of PPPSRS at MP Apartments occurred because the Governor of DKI Jakarta was not careful in ratifying PPPSRS at MP Apartments. In issuing the decision letter, the Governor of DKI Jakarta has violated the procedural and substantive elements based on article 52 of Law 30/2014. The solution to this problem is, based on article 33 of Law 20/2014, the regional government must issue a decision to withdraw the approval of PPPSRS in MP Apartments in accordance with the principle of contrarius actus so that there is no duality of PPPSRS in MP Apartments.
Pertanggungjawaban Hukum atas Praktik Jual Beli Unit Rumah Susun Sederhana Sewa (Rusunawa) Prahendadmoko, Christina Maria
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.v6i02.6946

Abstract

The state is responsible for protecting the entire Indonesian nation in the organization of housing or a decent place to live. Nowadays, many people find it difficult or even unable to fulfill the needs of a livable residence due to their low income. This problem is then accommodated by Article 15 paragraph (1) of Law No. 20/2011 which stipulates that the government is responsible for the construction of public flats. One of the public flats in Indonesia is Rumah Susun Sederhana Sewa (Rusunawa), which is a flat with rental status and built using State Budget (APBN) and / or Regional Budget (APBD) funds with its main function as housing. Basically, the ownership of the Rusunawa unit is based on the Building Ownership Certificate (SKBG), which is a proof of ownership of a flat unit on state or regional property in the form of land or waqf land by way of rent. This means that the owner of the Rusunawa unit doesn’t have property rights, but only has the right to rent for a certain period of time in accordance with the agreement. Thus, Rusunawa should not be traded carelessly, but the fact is that Rusunawa is often traded by certain individuals and even this practice is also supported by policy makers. The purpose of writing in this study is to determine the legal validity of the practice of buying and selling Rusunawa and what legal liability can be carried out against the practice of buying and selling Rusunawa.
Analisis Celah Hukum Terkait Pengaturan Sanksi Administratif Pada Penyelenggaraan Rumah Susun Hendryk, Yofan
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.v6i02.6950

Abstract

Indonesia is a large country consisting of tens of thousands of islands with a total of more than 270 million people scattered in it. As a state of law with a welfare state concept that recognizes the protection and recognition of human rights. About this, a horizontal residential development was organized which is now named as a condominium. Condominiums are organized to meet the needs of decent housing for the people of Indonesia, especially low-income people. This is organized to meet the need for housing which is relatively increasing from year to year while the amount of land space in this case land is limited so that it will decrease over time. In condominium management, positive law in Indonesia regulates P3SRS which is a legal entity consisting of residents or condominium owners and has the duty and obligation to manage all common interests and ownership in the condominium. Positive law in Indonesia regulates the obligation of the residents to form the residents association and the obligation of the builder to facilitate the formation of the P3SRS. This research focuses on reviewing and analyzing related legal provisions in providing administrative sanctions against the occupants and builders when the residents assiociation is not formed. The results of this study indicate that there is a legal gap and legal uncertainty related to the provision of administrative sanctions, which only regulates the provision of administrative sanctions against residents who do not form resdents association, while the builders are not regulated by the same administrative sanctions. Thus resulting in the absence of legal certainty in these provisions and leading to various legal problems. The research method used in this research is normative juridical, namely research that analyzes through principles, theories, and legal norms. The approach used is the statute approach through the provisions of the law or positive law and case approach, namely through relevant legal cases to answer the subject matter of this research.
Tinjauan Yuridis Problematika Pengaturan Short-Term Accomodation (Rumah Susun) di Indonesia Juan, Davin
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.v6i02.6951

Abstract

“Visi Indonesia Emas 2045” is a long-term development plan initiated by the Government of the Republic of Indonesia to escape the middle-income trap by leveraging the Indonesian demographic bonus. Considering the population decline experienced by South Korea and Japan, it is a relief for Indonesia to have this demographic bonus. On the other hand, it intensifies urban population density, potentially transforming “Visi Indonesia Emas 2045” into “Indonesia Cemas 2045” (Indonesian anxiety about their future itself). The increase in population numbers will tighten business competition, forcing individuals to demonstrate survival skills through innovative ideas, such as capitalizing on business opportunities like short-term accommodation triggered by the staycation phenomenon. Related business models threaten the conservative hotel industry sector. The absence of a legal framework addressing this issue in Indonesia has led to significant negative impacts due to legal vacuums surrounding the problem. The persistence of Asian values rejecting Western culture, such as consensual intimacy without holy matrimony, is evident, exacerbated by covert practices in the prostitution business exploiting legal loopholes associated with short-term accommodation. Unlike other countries such as Singapore, which have banned short-term accommodation practices, Indonesia has yet to establish a regulatory framework addressing this issue. This study employs a normative juridical approach to explore the problematic aspects arising from the Indonesian legal framework concerning short-term accommodation and compare it with the Singaporean regulatory framework on that issue.
Analisis Politik Hukum Pertanahan Terhadap Perlindungan Data Sertifikat Elektronik Wirawan, Angeline; Melieyani Susanto; Melisa Pranata; Vanesa Yustira; Presilia Tangriawan; Audry Natalia S; Felicia
JURNAL MINUTA Vol. 7 No. 2 (2025): September 2025
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v7i2.7052

Abstract

Technological advancements and digital breakthroughs have prompted the Ministry of Agrarian Affairs and Spatial Planning, in collaboration with the National Land Agency, to modernize land administration by implementing electronic land registration through digital certificates. In 2021, the introduction of Electronic Land Certificates (STE) began with the release of Regulation Number 1 of 2021 by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency. This regulation was subsequently replaced and updated with Regulation Number 3 of 2023, focusing on the issuance of digital documents within land registration processes. Despite its benefits, this innovation has introduced new challenges, particularly in addressing the risks associated with cybercrime. One significant threat is the potential loss of an electronic certificate due to hacking. To address these concerns, both vertical and horizontal legal protection is necessary. The minister must ensure that comprehensive legal safeguards are in place, protecting against government interference as well as threats from individuals or other groups in relation to the security of electronic certificates. The research question raised in this paper is whether there is an adequate legal framework regulating the protection system of electronic certificate data stored in electronic vaults. The purpose of this paper is to analyze the political law of land administration regarding electronic certificates and to examine the legal protection of data stored in electronic vaults. This study concludes that the validity and security of electronic land certificates require comprehensive safeguards, including encryption mechanisms and the role of the National Cyber and Crypto Agency (BSSN), to prevent risks of digital loss or manipulation.
Politik Hukum: Sertipikat Elektronik pada Sertipikat Ganda Lambu, Asry Mora; Audrey, Jeniffer Clarrisa; Meha, Megawati H.M.; Sutanto, Michelle Alycia; Paputungan, Pingkan Ester Amelia
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.v7i01.7053

Abstract

The use of electronic certificates in land ownership in the digital era offers a modern solution, but also faces challenges in handling cases of dual certificates. This article examines the process of proving electronic certificates when there is a dispute over claims of dual ownership, as well as how legal protection is provided to ensure the validity and security of electronic land certificates. Through a legal analysis, this article discusses verification mechanisms that can strengthen the authenticity of electronic certificates, including the use of technologies such as blockchain as an effort to increase transparency and public trust. In addition, this article also evaluates the guarantee of protection provided for electronic land certificates, which include the arrangement of unique codes, QR codes, and limited access policies on certain applications such as Sentuh Tanahku which can only be accessed by related parties, such as the government, Notaries, and PPAT. Obstacles in proving the legality of electronic certificates in court are also discussed, especially regarding the validity of data and the recognition of electronic certificates as valid evidence. By identifying the obstacles and opportunities in the implementation of electronic certificates, this article provides insight into the steps needed so that electronic certificates can become a valid and trusted instrument of proof of land ownership in resolving dual certificate conflicts. Keywords: Electronic Land Certificate, Overlapping Certificate, Evidence, Legal Certainty
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.
Penyalahgunaan Pemanfaatan Ruang Rusunami di Kalibata City Berdasarkan Undang-Undang Nomor 6 Tahun 2023 Sugiarto, Fiona
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.v7i01.7249

Abstract

The dynamic development of society has increased the need for houses. In fact, space is increasingly limited and the population is increasing. So, it is necessary for space to be utilised as in Article 33 of the 1945 Constitution relating to space utilization. The utilization of space in question is the provision of an area that is used as a place of residence for the community in order to achieve a welfare state. In this case, simple flats are owned as one of the implementations of space utilization by the government because it is aware of the arrangement, management, and utilization of space. Owned simple flats are included in the category of public flats intended for low-income people. In relation to space utilization, flats are used as residential places but in fact, they are used as places of prostitution that occurred in Kalibata City in 2020, involving minors who were forced to serve four men. This is not in accordance with the utilization of flats that can be reviewed from KKPR and Law Number 6 Year 2023 in relation to norms, standards, procedures, and criteria. This research is a legal research with a statutory and conceptual approach. The primary source of legal material in this research comes from laws and regulations, while secondary legal material is legal literature. This research aims to describe the correlation of spatial planning with flats and government supervision related to the misuse of simple flats owned in Kalibata City.
Penjaminan SHMSRS pada Hak Guna Bangunan di Atas Tanah Hak Pengelolaan oleh Orang Asing yogawan, valerie regina
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.v7i01.7268

Abstract

In realizing a welfare state, Indonesia’s government must manage land as part of the earth properly. As is known, land is fixed and does not increase in area meanwhile the population continues to increase. Therefore, it’s necessary to build and arrange flats. In normative juridical terms, flats can be built on HGB over HPL land. Ownership of the flat is proven by SHMSRS, furthermore SHMSRS owners are only those who are designated as holders of land rights. In accordance with UUPA, holders of HGB over HPL land consist of Indonesian citizens and Indonesian legal entities. This regulation of the UUPA is a reference for the Condominium Law and the Mortgage Rights Law. The problem is that with the promulgation of the UUCK, foreigners are regulated to have the right to own SHMSRS on HGB over HPL land, giving rise to conflicting norms between UUCK and UUPA, the Condominium Law, the Mortgage Rights Law, and the principle of nationality that all applies in Indonesia. This research is based on normative research methods as well as statutory regulations and conceptual approaches with data sources and types of primary and secondary legal materials. Through the research, it shows that these conflicting norms result in the absence of legal certainty regarding the ownership of flats in HGB over HPL land which mutatis mutandis creates legal uncertainty in SHMSRS guarantees needs to be solved by using the legal principle. Nevertheless, in fact, there is still legality in guaranteeing SHMSRS on HGB over HPL by foreigners.
Perlindungan Hukum Terhadap Pemilik Hak Atas Satuan Rumah Susun Akibat Wanprestasi Dalam Penyerahan Unit Apartemen Lee Weng Yeen, Jessica
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.v7i01.7292

Abstract

This research aims to find out and understand the form of legal protection that can be given to IF as the owner of the rights to the house unit due to the default in handing over the unit by PT EPH. This research is normative juridical research using a statutory regulation and legal concept approach. The research results show that everyone has the right to obtain legal protection in carrying out buying and selling transactions for apartment units. The right to legal protection has been explicitly regulated in Article 28D paragraph 1 of the 1945 Constitution so that it must be provided by the state. In practice, the sale and purchase transaction of apartment units is an agreement based on Article 1457 BW. This apartment unit sale and purchase agreement will of course give rise to rights and obligations for each party involved. However, along the way, it is not uncommon for defaults to occur from one of the parties, namely the developer. This was experienced by Ike Farida who had paid off the purchase of the Apartment X unit. However, PT EPH actually made a unilateral cancellation and did not hand over the apartment unit that had been paid for by IF. As a result, IF suffered material and immaterial losses. Based on the court decision, IF is a buyer with good intentions and therefore deserves to be protected by law. Meanwhile, the legal protection that can be given to IF is compensation in accordance with Article 1243 BW. Apart from that, Ike Farida can also sue PT EPH through the institution tasked with resolving disputes between consumers and business actors or through courts within the general judiciary in accordance with Article 45 paragraph 1 of the Consumer Protection Law.

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