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ASPEK YURIDIS KEPEMILIKAN KONDOTEL SWISS BELHOTEL TUBAN – KUTA BALI OLEH WARGA NEGARA ASING BERDASARKAN PP NO. 103 TAHUN 2015 Nastasha Estherina. G; Anda Setiawati
Reformasi Hukum Trisakti Vol. 3 No. 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

If previously the apartments were only meant for domestic use, they are now also utilized for non-residential uses, such as service hotels, one of which is situated in Bali, namely the Swiss Belhotel Tuban - Kuta Bali Condotel, whose existence draws tourists from abroad. According to PP No. 103 of 2015 concerning Ownership of Residential or Residential Houses by Foreigners Domiciled in Indonesia, the foreigner must be domiciled in Indonesia, provide economic benefits and the condotel purchased must be a new unit and built on Land Right to Use in order to be able to own and control the Swiss Belhotel Tuban - Kuta Bali Condotel unit. Simply said, there is a violation in the condotel unit's ownership Condotel ownership is given with a "strata title certificate" that includes 14 units that are owned and controlled by foreigners, in accordance with the provisions of PP No. 103/2015 and UURS. Given that the condotel is constructed on land with usage rights, foreigners should have ownership rights over flat units (HMSRS) rather than a "strata title" for their unit.

PEMBATALAN SERTIFIKAT YANG DITERBITKAN DARI JUAL BELI YANG MELAWAN HUKUM (STUDI PUTUSAN NO.1/Pdt.G/2015/PN.Mrj) Farsya Fachira Aslam; Anda Setiawati
Reformasi Hukum Trisakti Vol. 3 No. 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In reality, non-title holders often discover incidents of land sales and purchases. The land sale and purchase case involving H.M. Noor Habdi and Khairul Mahdi involved a parcel of land registered in Tirani's name as the object. Even though H.M. Noor Habdi did not actually own the property, he secured a land certificate from Tirani's husband in order to obtain a bank loan. However, H.M. Noor Habdi did not return the certificate he had borrowed after Tirani's spouse passed away; instead, he changed the name to his own and sold it to his son, Khairul Mahdi. Tirani and her kids, believing their rights had been violated, launched a case on the grounds urged that the land sale and purchase agreement be terminated after being accused of an illegal act. The findings of the study, the discussion and the conclusion led the judges on the Muaro District Court panel to issue Decision No. 1/Pdt.G/2015/PN.Mrj, which declared that H.M. Noor Habdi's legal transaction of buying and selling Khairul Mahdi was invalid and had no legal standing. However, Tirani's side had file a lawsuit with the State Administrative Court (PTUN) in order have the certificate that had been granted Khairul Mahdi's name revoked.

MASALAH WANPRESTASI PENGEMBANG APARTEMEN NEWTON RESIDENCE Erica Khoirunnisa; Anda Setiawati
Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The practice of Pre-Project Selling is used by people in the construction of flats by binding potential buyers through a Sale and Purchase Agreement (PPJB). In reality, many problems arise, especially the problems in PPJB violations. The problems in this research are whether pre-project selling of Newton Residence Apartments is in accordance with applicable procedures and whether PPJB violations by the developer include acts of default or acts against the law and whether the consideration of the panel of judges stated that the perpetrators of the construction of defaults were in accordance with the provisions of the applicable law. To answer the problems, the authors conduct a normative and descriptive legal research by using secondary data obtained trough library research, analyzed qualitatively and the conclusions are drawn deductively. The results of this research are that the pre-project selling of Newton Residence Apartments is not in accordance with the Decree of Menpera No. 11/KPTS/1994 and the actions of the perpetrators of the development include acts of default in the form of not carrying out what has been agreed upon, and a court decision stating that the developer is default is in accordance with the applicable law and regulations.

KAJIAN MASALAH PRE-PROJECT SELLING APARTEMEN THE ASPEN PEAK RESIDENCE (PUTUSAN NO. 390/PDT.G/2017/PN.JKT.SEL) Sarah Anissa Rahmayanti; Anda Setiawati
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The practice of pre-project selling is widely used by development actors by being tied to the PPJB. However, problems arose, especially PPJB violations which led to lawsuits in court. In this study, the authors question whether the pre-project selling that is bound by the PPJB is in accordance with the applicable legal provisions and whether the judge's considerations in decision No. 390/Pdt.G/2017/PN.Jkt.Sel which stated that the default developer was correct. To answer these problems, research was carried out using normative juridical research types based on secondary data and the nature of the research was analytical descriptive with inductive conclusions drawn. From the analysis that has been carried out, the results of the research show that there is a discrepancy between the pre-project selling of The Aspen Peak Residence Apartment and the requirements of Articles 42 and 43 of the UURS, especially the conditions for certainty over land rights and matters agreed upon. Then the judge's decision stating that the developer was in default, the decision was correct because the developer was proven to have committed a default or violated the obligation to hand over two units of The Aspen Peak Residence Apartment.

MASALAH KETERLAMBATAN PENANDATANGAN AJB DAN PENYERAHAN UNIT APARTEMEN REGATTA (STUDI PUTUSAN NO. 573/PDT.G/2020/PN JKT.UTR) Sheira Maghfira Maulani Utami; Anda Setiawati
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Marketing of flats before the construction is completed is done by many developers. Generally, marketing is preceded by a legal bond as outlined in the PPJB. In practice, many problems occur where developers do not fulfill their obligations as stated in the PPJB and as a result prospective buyers file a default lawsuit to the court. The formulation of the problem regarding whether the default lawsuit filed by prospective buyers of the Regatta Apartment is in accordance with applicable legal provisions and whether the judge's consideration in Decision No. 573/Pdt.G/2020/PN Jkt.Utr is in accordance with the provisions of the law. Normative juridical research method which is descriptive analytical and the conclusion is drawn inductively, secondary data (library data) only. The results of the research, discussion and conclusion are that the default lawsuit filed by the prospective buyer is appropriate because the developer's actions that violate Article 5.1 of the PPJB include acts of default. For the consideration of the judge who stated that the developer was in default in accordance with the provisions of the law because the developer was proven not to have carried out his obligations to make AJB in front of PPAT and to deliver Regatta apartment units to prospective buyers.

ASPEK YURIDIS KEPEMILIKAN KONDOTEL SWISS BELHOTEL TUBAN – KUTA BALI OLEH WARGA NEGARA ASING BERDASARKAN PP NO. 103 TAHUN 2015 Nastasha Estherina. G; Anda Setiawati
Reformasi Hukum Trisakti Vol 3 No 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i1.10342

If previously the apartments were only meant for domestic use, they are now also utilized for non-residential uses, such as service hotels, one of which is situated in Bali, namely the Swiss Belhotel Tuban - Kuta Bali Condotel, whose existence draws tourists from abroad. According to PP No. 103 of 2015 concerning Ownership of Residential or Residential Houses by Foreigners Domiciled in Indonesia, the foreigner must be domiciled in Indonesia, provide economic benefits and the condotel purchased must be a new unit and built on Land Right to Use in order to be able to own and control the Swiss Belhotel Tuban - Kuta Bali Condotel unit. Simply said, there is a violation in the condotel unit's ownership Condotel ownership is given with a "strata title certificate" that includes 14 units that are owned and controlled by foreigners, in accordance with the provisions of PP No. 103/2015 and UURS. Given that the condotel is constructed on land with usage rights, foreigners should have ownership rights over flat units (HMSRS) rather than a "strata title" for their unit.

PEMBATALAN SERTIFIKAT YANG DITERBITKAN DARI JUAL BELI YANG MELAWAN HUKUM (STUDI PUTUSAN NO.1/Pdt.G/2015/PN.Mrj) Farsya Fachira Aslam; Anda Setiawati
Reformasi Hukum Trisakti Vol 3 No 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i1.10343

In reality, non-title holders often discover incidents of land sales and purchases. The land sale and purchase case involving H.M. Noor Habdi and Khairul Mahdi involved a parcel of land registered in Tirani's name as the object. Even though H.M. Noor Habdi did not actually own the property, he secured a land certificate from Tirani's husband in order to obtain a bank loan. However, H.M. Noor Habdi did not return the certificate he had borrowed after Tirani's spouse passed away; instead, he changed the name to his own and sold it to his son, Khairul Mahdi. Tirani and her kids, believing their rights had been violated, launched a case on the grounds urged that the land sale and purchase agreement be terminated after being accused of an illegal act. The findings of the study, the discussion and the conclusion led the judges on the Muaro District Court panel to issue Decision No. 1/Pdt.G/2015/PN.Mrj, which declared that H.M. Noor Habdi's legal transaction of buying and selling Khairul Mahdi was invalid and had no legal standing. However, Tirani's side had file a lawsuit with the State Administrative Court (PTUN) in order have the certificate that had been granted Khairul Mahdi's name revoked.

MASALAH WANPRESTASI PENGEMBANG APARTEMEN NEWTON RESIDENCE Erica Khoirunnisa; Anda Setiawati
Reformasi Hukum Trisakti Vol 3 No 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i2.13451

The practice of Pre-Project Selling is used by people in the construction of flats by binding potential buyers through a Sale and Purchase Agreement (PPJB). In reality, many problems arise, especially the problems in PPJB violations. The problems in this research are whether pre-project selling of Newton Residence Apartments is in accordance with applicable procedures and whether PPJB violations by the developer include acts of default or acts against the law and whether the consideration of the panel of judges stated that the perpetrators of the construction of defaults were in accordance with the provisions of the applicable law. To answer the problems, the authors conduct a normative and descriptive legal research by using secondary data obtained trough library research, analyzed qualitatively and the conclusions are drawn deductively. The results of this research are that the pre-project selling of Newton Residence Apartments is not in accordance with the Decree of Menpera No. 11/KPTS/1994 and the actions of the perpetrators of the development include acts of default in the form of not carrying out what has been agreed upon, and a court decision stating that the developer is default is in accordance with the applicable law and regulations.

KAJIAN MASALAH PRE-PROJECT SELLING APARTEMEN THE ASPEN PEAK RESIDENCE (PUTUSAN NO. 390/PDT.G/2017/PN.JKT.SEL) Sarah Anissa Rahmayanti; Anda Setiawati
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13608

The practice of pre-project selling is widely used by development actors by being tied to the PPJB. However, problems arose, especially PPJB violations which led to lawsuits in court. In this study, the authors question whether the pre-project selling that is bound by the PPJB is in accordance with the applicable legal provisions and whether the judge's considerations in decision No. 390/Pdt.G/2017/PN.Jkt.Sel which stated that the default developer was correct. To answer these problems, research was carried out using normative juridical research types based on secondary data and the nature of the research was analytical descriptive with inductive conclusions drawn. From the analysis that has been carried out, the results of the research show that there is a discrepancy between the pre-project selling of The Aspen Peak Residence Apartment and the requirements of Articles 42 and 43 of the UURS, especially the conditions for certainty over land rights and matters agreed upon. Then the judge's decision stating that the developer was in default, the decision was correct because the developer was proven to have committed a default or violated the obligation to hand over two units of The Aspen Peak Residence Apartment.

MASALAH KETERLAMBATAN PENANDATANGAN AJB DAN PENYERAHAN UNIT APARTEMEN REGATTA (STUDI PUTUSAN NO. 573/PDT.G/2020/PN JKT.UTR) Sheira Maghfira Maulani Utami; Anda Setiawati
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13856

Marketing of flats before the construction is completed is done by many developers. Generally, marketing is preceded by a legal bond as outlined in the PPJB. In practice, many problems occur where developers do not fulfill their obligations as stated in the PPJB and as a result prospective buyers file a default lawsuit to the court. The formulation of the problem regarding whether the default lawsuit filed by prospective buyers of the Regatta Apartment is in accordance with applicable legal provisions and whether the judge's consideration in Decision No. 573/Pdt.G/2020/PN Jkt.Utr is in accordance with the provisions of the law. Normative juridical research method which is descriptive analytical and the conclusion is drawn inductively, secondary data (library data) only. The results of the research, discussion and conclusion are that the default lawsuit filed by the prospective buyer is appropriate because the developer's actions that violate Article 5.1 of the PPJB include acts of default. For the consideration of the judge who stated that the developer was in default in accordance with the provisions of the law because the developer was proven not to have carried out his obligations to make AJB in front of PPAT and to deliver Regatta apartment units to prospective buyers.

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