JURNAL MINUTA

Dualitas PPPSRS pada Apartemen MP: Kesalahan Gubernur DKI Jakarta serta Solusinya

Stefanie Faustine — 2024-12-21

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)

Christina Maria Prahendadmoko — 2024-12-21

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

Yofan Hendryk — 2024-12-21

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

Davin Juan — 2024-12-21

“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.

Pemindahan Depo Pertamina Plumpang: Antara Politik atau Hukum?

Felix Alexander Kurniawan — 2024-12-21

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.

Keywords: Politik Hukum, penegakan hukum, Depo Pertamina Plumpang.