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Pengaturan Kepemilikan Satuan Rumah Susun Bagi Warga Negara Asing Menurut Peraturan Menteri Agraria Dan Tata Ruang/ Kepala Badan Pertanahan Nasional RI Nomor 29 Tahun 2016 Siti Nurmawan Damanik; Gusti Ayu Kade Komalasari
Jurnal Ilmiah Raad Kertha Vol 3, No 1 (2020)
Publisher : Universitas Mahendradatta

The need for homes for individuals, both for a residence and for a place ofbusiness, is the most felt need to be fulfilled. This need is not only for Indonesian Citizens(WNI) but also for the needs of Foreign Citizens (WNA) who are located or working oropening their business activities in IndonesiaIssues discussed are: legal arrangements regarding ownership of apartment units forforeign nationals in Indonesia and legal certainty for foreign nationals in possessingapartment units in Indonesia. Arrangements for foreigners to have flats in Indonesia, theGovernment issued Government Regulation Number 103 of 2015 concerning ForeignOwnership of Residential Houses or Resettlement in Indonesia and the implementingregulations, namely Regulation of the Minister of Agrarian Affairs and Spatial Planning/ Head of National Land Agency Number 13 of 2016. However, ATR Minister Regulation No. 13 of 2016 is considered to be less than optimal, so the Minister of Agrarian replacesthe Ministerial Regulation with Regulation of the Minister of Agrarian Number 29 of 2016which regulates the same thing. With the issuance of a Certificate of Property Rights inthe Flats, a legal certainty is guaranteed, which is one of the objectives of the constructionof flats. As a suggestion, it is necessary to make specific arrangements regardingownership of apartment units by foreigners, as far as providing benefits to the State andnation of Indonesia, bearing in mind that these regulations are still regulated in severalregulations, but there is no specific regulation concerning ownership of apartment unitsfor these foreign nationals. Indonesian citizens are more prudent in carrying out legalactions involving foreign citizens so as not to pose risks in the future.

Penyelesaian Perjanjian Jual Beli Hak Atas Tanah Yang Mengandung Cacat Hukum Gusti Ayu Kade Komalasari
Jurnal Ilmiah Raad Kertha Vol 1, No 1 (2018)
Publisher : Universitas Mahendradatta

A sale and purchase agreement of a defective land, whose settlementoutside the court may be settled in a familial manner by deliberating between theparties to the sale and purchase agreement outside this court. The parties mayrequest the assistance of village officials (Village Head or lurah), lawyers ornotaries. So the settlement of a sale and purchase agreement that contains defectsoutside the court can be done in a peaceful way, meaning that between the sellerand the buyer reconcile. Regarding the defect, if the defect there is an element oftrickery, then the party who cheated in this case the buyer is entitled to claimcompensation to the seller and the seller is obliged to provide compensation to thebuyer or the object of sale and purchase is returned to the seller and accompaniedby a change loss due to the ruse performed by the seller.

Pengaturan Dan Kriteria Penertiban Tanah Terlantar Di Indonesia Gusti Ayu Kade Komalasari
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

Neglect of land in rural and urban areas, in addition to being unwise, uneconomic, andunjust, is also a violation of the obligations that must be carried out by right-holders or parties whohave obtained land tenure. Juridical efforts by the government to curb neglected land, in the sense thatit has not been utilized in accordance with the nature and purpose of granting its rights, the Governmentissued Government Regulation No. 11 of 2010 concerning Control and Utilization of Abandoned Landenacted on January 22, 2010. The issue in this journal is 1) What are the arrangements and criteria forregulating abandoned land in Indonesia? 2) What are the inhibiting factors in controlling neglectedland in Indonesia and how to resolve them? The inhibiting factors for the demolition of neglected landare 1) Internal factors, namely the unclear working unit in charge and responsible for theimplementation of control and utilization of neglected land, the limited number of implementing staffand unclear funding for the implementation of these activities. 2) External include: 1) Juridical aspects,among others, the absence of legal provisions and legislation relating to the identification andassessment of neglected in various Central and Regional Government technical agencies and followupefforts with regulations for implementing control and utilization of negatively coordinated land. 2)Sociological aspects, including efforts to confirm the presence of abandoned land through theidentification and evaluation of the field in a coordinated manner involving the relevant agencies, theRegional Government and the local community. 3) Economic aspects, including the coordinated use ofabandoned land for those who need business development facilities in the form of technical assistance,business cooperation and financing.

HAK KEPEMILIKAN RUMAH TEMPAT TINGGAL ATAU HUNIAN OLEH ORANG ASING YANG BERKEDUDUKAN DI INDONESIA Ni Made Sumerti Asih; Gusti Ayu Kade Komalasari
Jurnal Ilmiah Raad Kertha Vol 5, No 1 (2022)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v5i1.424

For Indonesians and Indonesian legal entities, various land rights can be granted such as Hak Milik, Hak Guna Bangunan, Hak Guna Usaha, and Hak Guna Usaha, but for foreigners and foreign legal entities can only be granted Hak Use. Indonesian legal entities may be granted property rights for certain legal entities, such as socio-religious legal entities, foundations, cooperatives. The problem studied is that foreigners who are domiciled in Indonesia have the right to own a residential or residential house in Indonesia and the legal consequences if there is a violation of the ownership of a residential or residential house by a foreigner domiciled in Indonesia. According to Law Number 1 of 2011 concerning Housing and residential areas, Article 52 paragraph (1) states that foreigners can inhabit or occupy houses by means of Lease Rights or Use Rights. For a place to live, foreigners can rent houses owned by Indonesians or if they want to build their own houses, it is possible to control and use the land in question with Lease Rights or Use Rights. If the land in question is Indonesian-owned land, it can be with rental rights for buildings or use rights (Article 41 and 44 of the UUPA) and the legal consequences of violating the ownership of residential or residential houses by foreigners domiciled in Indonesia are legal consequences in the form of birth , change, or disappearance of a certain legal relationship and legal consequences in the form of sanctions, which are not desired by the legal subject. The legal consequence in the form of birth, change, or disappearance of a certain legal relationship is that since the right is requested either directly with the deed of release and deed of transfer of rights, then a new legal relationship is born, namely the transfer of rights or since the foreigner signs the deed of release and deed of transfer of rights. then at that time the party who gets the right or a foreigner becomes the legal owner

PENEGAKAN HUKUM DISIPLIN ANGGOTA POLISI REPUBLIK INDONESIA DALAM PERSPEKTIF GOOD GOVERNANCE & CLEAN GOVERNMENT Gusti Ayu Kade Komalasari; Ni Ketut Wiratni; Anak Agung Gde Putra Arjawa
Jurnal Ilmiah Raad Kertha Vol 4, No 2 (2021)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/jirk.v4i2.331

The Republic of Indonesia National Police (Polri) as one of the institutions that carry out the public service function is required to be able to provide the best service to the community by displaying professional and reliable unity performance in their fields. The Criminal Procedure Code, gives a role to the National Police of the Republic of Indonesia to carry out the tasks of investigation and investigation of criminal acts (generally) without limitation of the power of the nature as long as it is included in the scope of public law. Based on the descriptions in the background, the problem above, the problems that can be formulated in this study are: How is the Law Enforcement of Polri's Discipline in Realizing Good Governance and Clean Governance, What obstacles are faced by Polri's Discipline Enforcement in realizing Good Governance and clean governance The theory used to analyze the problems of the Law State Theory, Hirarkhi Theory Legal Norms, Authority Theory, Law Enforcement Theorem, Government Concepts and Clean Government This type of research is normative legal research supported by empirical legal research. The approach used by the author is the Law approach (Statute approach), legal concept analysis approach (analytical conseptual approach), comparative approach. Sources of Primary Legal Materials and secondary legal materials, namely materials that provide an explanation of primary legal materials, such as the results of seminars or other scientific meetings, Secondary legal material is the Legal Material Collection Technique carried out by a card system (collecting system) material both legislation, documents, library materials and other research results related to the subject matter. Processing techniques and legal material analysis, carried out qualitatively, legal materials are collected and analyzed descriptively (in parallel and coherently) in the form of description. Conceptual law enforcement and law enforcement as a process is realized with an indicator that the factors that influence the implementation of disciplinary law enforcement by Polri are guided by: Law enforcement / personal rules, infrastructure facilities that need to be held for disciplinary law enforcement processes for police members in cultural factors, Constraints - constraints faced by Polri Discipline Enforcement in realizing Good Governance and Clean Governance. The police are expected to behave and behave in a consistent manner with the vision, mission, code of ethics built by the Indonesian National Police. In its implementation there is still the interference of state officials, the political elite towards the implementation of Polri's duties so as to influence the disciplinary members of the National Police.

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