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DEVELOPMENT OF DESIGN PRINCIPLES DROIT DE PREFERENCE AGAINST OWNERS BUSINESS PREMISES IN TANAH ABANG JAKARTA Khairi, Ilman; Martin, Abraham Yazdi
JURNAL ILMIAH LIVING LAW Vol 9, No 2 (2017): JURNAL ILMIAH LIVING LAW VOL.9 NO.2 2017
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Use Rights Certificate Business Place (SHPTU) is proof of ownership of the right to use business premises (shop) in a market that is owned by market traders. SHPTU have a fairly high economic value. Therefore, expected SHPTU can be used as loan collateral. SHPTU have a common element of the lease, as in article 1548 of the Civil Code. Because SHPTU not the right material, then SHPTU can not be guaranteed by using a material guarantee institutions. The research method with the added element of normative juridical empirical, with the analysis of qualitative data. From the analysis it can be concluded that SHPTU not the right material, but given SHPTU has economic value and can be transferred, it is expected that the government can immediately respond to the needs of society (the Merchants Market) to the existence of a guarantee institution which can accommodate SHPTU shop as loan collateral. Resulting from the rigidity of the legal material to deliver the right material on business premises or SHPTU recommended for use kaedah contained in Article 48-49 of the legislation Flats by issuing Certificates of Building Owners and Building (SKBG), where the issuance of the certificate is the same between Local government in this case the Department of Public Works and the Department of Housing, while still managing PD Pasar Jaya as it has been running for this. Issuing authority on the issuance of a certificate is not PD Pasar Jaya but agency in charge of publishing the SKBG. When referring to the Building Act SKBG publishing at the Department of Public Works, and when referring to the Law on Housing, the publishing SKBG by the Department of Housing. That way it is assured of legal certainty as mandated by state law, as well as the grand theory of Hans Kelsen. SKBG is way out proof of ownership of the store, which is very expensive because of the value it needs the necessary legal certainty regarding the right material.Keyword: Droit Deâ Preference, UMKM, Shops

LEGAL ASSURANCE OF MATERIAL RIGHT IN THE PROPERTY RIGHT OF FLAT UNIT Martin, Abraham Yazdi
JURNAL ILMIAH LIVING LAW Vol 9, No 1 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Guarantees of material rights are collateral held by a creditor against one item whereby the right owned by the owner on the item is affixed to the priority right owned by the creditor so that it can be given a repayment first by selling the secured item for a debt. The practice of property law in society has developed with the new right in the legal system of objects, which is called the right of property of the apartment unit (HMSRS) or also known as strata-title. Most of the flats (commercial flats) are built on building rights, since building use rights are generally owned by Limited Liability Company (developers) who can only own building rights in accordance with the provisions of Basic Agrarian Law (UUPA). The issue becomes uncertain when the tenure period ends, while the title given to the flats is a property that does not recognize the ending period as a result of HMSRS ownership registration using the vertical sticking principle. This study aims to analyze and simultaneously provide a solution to the problem of property law in Indonesia, especially regarding the legal certainty of the material with the approach of normative juridical and sociological juridical support that sees legal postulates in the application of property law.Keywords: material rights, property law, vertical access principle, fiducial law

DEVELOPMENT OF DESIGN PRINCIPLES DROIT DE PREFERENCE AGAINST OWNERS BUSINESS PREMISES IN TANAH ABANG JAKARTA Ilman Khairi; Abraham Yazdi Martin
JURNAL ILMIAH LIVING LAW Vol. 9 No. 2 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Use Rights Certificate Business Place (SHPTU) is proof of ownership of the right to use business premises (shop) in a market that is owned by market traders. SHPTU have a fairly high economic value. Therefore, expected SHPTU can be used as loan collateral. SHPTU have a common element of the lease, as in article 1548 of the Civil Code. Because SHPTU not the right material, then SHPTU can not be guaranteed by using a material guarantee institutions. The research method with the added element of normative juridical empirical, with the analysis of qualitative data. From the analysis it can be concluded that SHPTU not the right material, but given SHPTU has economic value and can be transferred, it is expected that the government can immediately respond to the needs of society (the Merchants Market) to the existence of a guarantee institution which can accommodate SHPTU shop as loan collateral. Resulting from the rigidity of the legal material to deliver the right material on business premises or SHPTU recommended for use kaedah contained in Article 48-49 of the legislation Flats by issuing Certificates of Building Owners and Building (SKBG), where the issuance of the certificate is the same between Local government in this case the Department of Public Works and the Department of Housing, while still managing PD Pasar Jaya as it has been running for this. Issuing authority on the issuance of a certificate is not PD Pasar Jaya but agency in charge of publishing the SKBG. When referring to the Building Act SKBG publishing at the Department of Public Works, and when referring to the Law on Housing, the publishing SKBG by the Department of Housing. That way it is assured of legal certainty as mandated by state law, as well as the grand theory of Hans Kelsen. SKBG is way out proof of ownership of the store, which is very expensive because of the value it needs the necessary legal certainty regarding the right material.Keyword: Droit De’ Preference, UMKM, Shops

The Philosophy of Pancasila as The Grand Theory of Legal Research Based on Bibliometric Analysis Martin Roestamy; Abraham Yazdi Martin; Radif Khotamir Rusli
Indonesian Journal of Social Research (IJSR) Vol 4 No 3 (2022): Indonesian Journal of Social Research (IJSR)
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/ijsr.v4i3.247

Grand Theory is a prominent theory in macro to explain social life, history, and human experience. The research purpose is to find a mapping analysis with the VOSviewer application to carry out a bibliometric analysis of research in law. Research data was obtained through Publish or Perish software. The information data collected is the search result for the terms "Pancasila" and "Grand Theory" within the scope of the Crossref platform. From the search results, it’s found 1074 articles published between 2018 and 2022. Based on the findings, In 2018, 257 publications were published, decreased to 167 articles in 2019, and increased again to 275 articles in 2020, until slightly reduced to 228 in 2021. In 2022 there were 146 research publications related to Pancasila research as a grand theory published in the Crossref search. The value of bibliometric analysis in providing analytical data about what happened is demonstrated in this work. This research is intended to assist and become a resource for researchers in identifying research themes, especially in law.

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