JURNAL MINUTA

Tinjauan Yuridis Diperbolehkannya WNA Memiliki SHMSRS Berdasarkan UU CK Dan PP No. 18 Tahun 2021

2024-07-04T15:21:27+00:00

The Residence has a strategic role in shaping the personality and character of the nation and as a way to build a complete Indonesian society that is self-reliant, independent, and productive. Therefore, a residence in the residence the form of a residence needs to be fulfilled by every country in the form of a decent house and an affordable price. This fulfillment can be realized in the form of the construction of flats. Flats are not only intended for Indonesian citizens but also for foreigners. So that the problems discussed are the provisions of Ownership Rights on Flat Units for Foreign Citizens (WNA) in Indonesia based on Law no. 11/2020 and PP No. 18/2021. Ownership of flats can be marked by the existence of a Certificate of Ownership of Flat Units (SHMSRS). The ownership of flats for foreigners has limitations as regulated in, Law No. 11 of 2021, Government Regulation Number 103 of 2015 concerning Ownership of Residential Houses or Occupancy by Foreigners Domiciled in Indonesia, Ministerial Regulation ATR/ Ka.BPN No. 29 of 2016 concerning Procedures for Granting, Releasing, or Transfer of Rights to Ownership of Residential Houses or Occupancy by Foreigners Domiciled in Indonesia and Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flats Units, and Land Registration.

Perlindungan Hukum Bagi Pemilik Dan Penghuni Apartemen Atas Kenaikan IPL Secara Sepihak Oleh Pengelola

2024-07-04T15:21:03+00:00

Apartment or condominium is one of many solutions for residence availability on today’s problem of population density and limited land. According to Act Number 20 of 2011 on Condominium, condominium management is done by the development actors before the Association of Owners and Tenants of Condominium Units (later stated as PPPSRS) is created. The owners and tenants of condominium units have obligation to pay monthly maintenance fees to condominium manager for upkeep and maintenance of condominium. Condominium manager has obligation to manage the monthly maintenance fees with the implementation of principle of transparancy. In the case of Apartment X which is located in Surabaya, the condominium manager (PT Y) raised the monthly maintenance fees without the principle of transparancy to the owners and tenants of Apartment X. PT Y’s decision of raised the monthly maintenance fees without the principle of transparancy is an act of tort, according to Indonesian Civil Law (KUHPerdata). The owners and tenants of Apartment X had lodge a protest and tried to mediate with PT Y about the raise of monthly maintenance fees but failed. The owners and tenants of Apartment X have the rights to get legal protection and legal guarantee due the act of tort of PT Y.

Keabsahan Pembangunan Rumah Susun Umum Gunung Anyar di atas Tanah Terindikasi Terlantar oleh Pemerintah Kota Surabaya

2024-07-05T02:06:40+00:00

Indonesia is a developing country which is one of the most populous countries in the world, so to overcome the rapid population growth, especially for low income communities, the government is building public flats to help people get a place to live. This also happened in the city of Surabaya, as one of the big cities in Indonesia, where the Surabaya City government built public flats, one of which was in the Gunung Anyar area for the surrounding community. This research aims to examine the legality of the construction of the Gunung Anyar public flats which the Surabaya City Government recognizes as being built on land indicated as abandoned land. This research is normative juridical research with a conceptual and statutory approach. The research results concluded that the legality of the construction of the Gunung Anyar public flats was questionable or invalid considering that the land used by the government to build the flats was not properly qualified as abandoned land based on existing legal provisions. Apart from that, there is no clarity regarding the procedures for determining abandoned land carried out by the government in accordance with existing legal provisions.

Penegakan Hukum bagi Developer pada Kasus Dualisme Pengelolaan Rumah Susun : Studi Kasus Apartemen Mediterania Kemayoran

2024-07-05T02:09:02+00:00

Flats are equipped with shared parts, shared land, and shared objects arranged by Association of Owners and Residents of Flats (P3SRS) as a legal entity. P3SRS should be facilitated by the developer. The main problem of this research, there is a dualism in the management of flats in the Mediterania Kemayoran Apartment between PPPSRS and the developer. This research aims to find out about the form of law enforcement for developers who do not want to hand over the management of flats to P3SRS and this causes cases of dualism in the management of flats. This research is normative juridical research with a conceptual and statutory approach.

The results of the research conclude that in the regulations governing flats, there are no specific law enforcement provisions for developers and only emphasizes law enforcement for owners who do

not form P3SRS, so the government needs to overcome this legal vacuum and provide protection

for residents and/or owners of flats as long as cases of management dualism occur

Pemanfaatan Rusun Umum Oleh Non-MBR Kota Surabaya Ditinjau Menurut UU 20/2011 Tentang Rumah Susun

2024-07-04T15:20:39+00:00

In Indonesia, the government has initiated national development as a way to preserve the well-being of every Indonesian citizen in a just and equitable manner consistent with Pancasila values. In this regard, one of the key components that complies with the mandate in Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia is the community's ability to meet housing needs. The government has created an alternate scheme by building public flats, particularly in terms of supplying housing for low-income comunities. Despite the fact that its construction was built for low-income communities, many of these flats are still not being utilized as planned. One illustration is that public flats in Surabaya is still occupied by a lot of individuals who are not exactly part of the low-income comunities grouping. As a result, there is an indication that there is a misalignment between the target audience of flats and the relevant regulations. Hence, This study discussed about whether the use of flats for Low-Income Communities in Surabaya has complied with UU Number 20 of 2011 regarding Public Flats, and what the legal implications are for residents who are not low-income comunities but live in public flats .