JURNAL MINUTA

Perlindungan Hukum Terhadap Pemilik Hak Atas Satuan Rumah Susun Akibat Wanprestasi Dalam Penyerahan Unit Apartemen

2025-07-10T04:16:21+00:00

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.

Politik Hukum: Sertipikat Elektronik pada Sertipikat Ganda

2025-07-10T04:15:42+00:00

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

Upaya Hukum Terhadap Rumah Susun yang Tidak Memenuhi Persyaratan Teknis dalam Sertfikat Laik Fungsi

2025-07-10T04:16:02+00:00

The scarcity of land has prompted a shift towards vertical housing solutions, with apartments gaining prominence as a viable alternative to traditional single-family dwellings. However, In creating a suitable apartment development, the apartment developer should pay attention to the requirements for the apartment, one of which is contained in the form of Sertifikat Laik Fungsi (SLF) based on Law No. 20 of 2011. SLF essentially functions in providing legality for the operation of an apartment and providing a sense of security. However, in fact there are still flats that have SLF, but they do not comply with the actual condition of the building's reliability, causing losses to the flat's occupants. One of them occurred at the PH Flats. For this reason, the author is interested in studying legal violations regarding SLF ownership by the PH Flats along with the legal measures that can be taken by the residents of the flats due to the losses they suffer. This research is based on normative research methods as well as statutory and conceptual approaches with data sources and types of primary legal materials. The results of this research indicate that legal violations regarding SLF ownership are caused by mal administrative actions by Dinas Cipta Karya dan Tata ruang in issuing SLF along with violations of building reliability requirements carried out by apartment developers. There are legal remedies that can be taken by apartment residents, both in litigation and non-litigation efforts.

Penyalahgunaan Pemanfaatan Ruang Rusunami di Kalibata City Berdasarkan Undang-Undang Nomor 6 Tahun 2023

2025-07-10T04:15:02+00:00

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

2025-07-10T04:15:22+00:00

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.