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Wafi Adiyu Hibatullah; Anjar Sri Ciptorukmi Nugraheni

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

This research aims to analyze the responsibility of developers and consumers in the pre-project selling agreement if force majeure occurs. And this research aims to analyze the actions or risk mitigation efforts that can be taken by developers and consumers in the pre-project selling agreement if a force majeure event occurs.  The approach used is normative with statutory and comparative methods, relying on primary and secondary legal materials through literature studies. This research uses descriptive analysis, namely describing the impact of force majeure events on pre-project selling agreements that correlate with liability and risk mitigation efforts for developers and consumers. The liability of developers and consumers to risks due to force majeure is that developers and consumers are fully responsible for their rights and obligations in the agreement. Developers are responsible for providing clarity of information according to the agreement, while consumers are responsible for their own actions against risks according to the agreed agreement. Risk mitigation efforts that can be done by developers and consumers are setting force majeure clauses in pre-project selling agreements to protect the interests of developers and consumers and making addendums as an alternative solution that is preventive to legal risks in pre-project selling agreements.    

Putri Melati Nur Hidayah; Anjar Sri Ciptorukmi Nugraheni

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

This study compares the legal protection of pre-project selling property contracts in Indonesia and Singapore, focusing on the regulation of the position of PPJB, consumer protection, and the mechanism of transfer of ownership and payment. The approach used is normative with legislative and comparative methods, relying on primary and secondary legal materials through literature studies. Descriptive and comparative analysis reveal significant differences in the legal arrangements of the two countries. In Indonesia, Law No. 8 of 1999 and Law No. 1 of 2011 regulate pre-project selling through PPJB, but supervision is weak so that it often harms consumers, such as in the case of Meikarta. In contrast, Singapore has more detailed regulations, such as the Housing Developers (Control and Licensing) Act, which requires escrow accounts for consumer funds and strict payment schemes. Supervision and law enforcement in Singapore are more effective with strict sanctions against violations, reinforced by jurisprudence such as the Jurisprudence of Tan Eck Hong v Maxz Universal Development Group Pte Limited (2012) SGHC 240. This study concludes that legal protection in Singapore is more advanced than Indonesia, providing important recommendations for property law reform in Indonesia to prevent disputes and abuse in property transactions.

Yundha Rachmawati; Anjar Sri Ciptorukmi Nugraheni

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This paper intends to investigate the factors taken into account by the judge in determining the absence in the case of PT Bentoel Internasional Investama at the South Jakarta District Court, analyze the procedures for managing assets whose owners are absent based on the applicable regulations in Indonesia, and investigate the compliance of the procedures for managing shares as afwezidheid assets in the case of PT Bentoel Internasional Investama conducted by the Jakarta Balai Harta Peninggalan (BHP) with the regulations in Indonesia. This study is an empirical legal one using a qualitative methodology. Primary and secondary data are the forms of the information applied. Data collecting methods used are literature reviews and interviews. The interviews were carried out applying flexible topic development based on interview rules. This work employs approaches of descriptive analysis. According to the findings of this investigation, the judge decided on the absence petition of PT Bentoel Internasional Investama based on pertinent legal reasons, legal precedents, and facts provided by the petitioner in view of Under the Indonesian Civil Code, Regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 27 of 2013, and Regulation of the Minister of Law and Human Rights No. M.02-HT.05.10 of 2005 the process for managing shares as assets whose owners are absent (boedel afwezigheid) by the Jakarta BHP is governed. Regarding PT Bentoel Internasional Investama, the management of afwezigheid shares was done in line with Indonesian laws by means of an application to the South Jakarta District Court, which designated the Jakarta BHP as the legal administrator. This process complies with Articles 463–465 of the Civil Code and Standard Operating Procedure (SOP) Number AHU.UM.01.01-235, including public notification of share status in mass media, management, recording, safekeeping of collective share certificates, and BHP reports share management to the Supreme Audit Agency (BPK) and the Attorney General's Office and handles official and material tests. Since no objections were found, the Jakarta BHP filed none.

Yosephine Adinda Dwika Sandra; Anjar Sri Ciptorukmi Nugraheni

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to analyze the form of protection for joint assets and the rights of each party in the marriage agreement as well as the implications of the marriage agreement for husband and wife in limited partnership (CV) businesses. The research method used by the researcher is normative research with prescriptive research characteristics whose research approach is a statutory approach and a case approach. The data collection technique used is literature study, with the syllogism method and deductive thinking as an analysis technique. The results of the research highlight the role of marriage agreements as a form of protection not only for joint assets but also the rights of husband and wife business actors, especially CVs. Apart from that, it was also found that the marriage agreement was a form of protection from the risks associated with the CV business.    

Muhammad Syafiq Prasetyo Nugroho; Anjar Sri Ciptorukmi Nugraheni

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This study examines the position of notes used in transactions at Shoes and Care along with the forms of breach of contract that often occur in Shoes and Care based on a review of the law of the agreement. The research also analyzes appropriate dispute resolution alternatives to be applied with a review of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This type of research is a field study to obtain primary data along with a literature study to obtain secondary data analyzed with interactive analysis techniques. The result of this research is the position of the memorandum in the agreement made by the consumer with Shoes and Care as a draft agreement containing several clauses agreed between the consumer and Shoes and Care orally. Often the engagement/achievements in the agreement are not fulfilled which is referred to as a state of breach of contract. The forms of breach of contract that occur can be in the form of achievements that are not carried out, achievements are not carried out in accordance with the agreed time, and achievements are not carried out properly. Breach of contract that occur can then be resolved through negotiation as an alternative to effective and efficient dispute resolution.

Syahan Nur Muhammad Haiba; Anjar Sri Ciptorukmi Nugraheni

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In Indonesian positive law, only the KHI states that child custody falls to the mother. Other regulations only state that both parents are still obliged to look after their children without providing an explanation to whom child custody is given after divorce. In child custody decisions, several decisions were found that gave child custody to the mother, but also decisions were found that gave child custody to the father. This causes legal uncertainty in determining child custody after divorce. This research aims to analyze the most appropriate indicators of the judge's consideration in decisions regarding child custody based on the principle of the child's best interests. The research method used is prescriptive normative legal research using a conceptual approach. The results of the research show that there are several indicators that can be used in considering determining child custody, namely, child welfare, parental behavior, coordination between parents, and distribution of parental time. If it is felt that other indicators are needed, the judge can add these indicators as long as they are in accordance with the principle of the child's best interests.

Welda Aulia Putri; Anjar Sri Ciptorukmi Nugraheni

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the indicators of the principle of abuse of circumstances in the consideration of judges who give rise to legal consequences of the existence of abuse of circumstances in economic excellence in an agreement. The research method in this journal is normative legal research. The nature of research in this journal is prescriptive. The research approach used is the legislation approach and case approach. Primary legal materials in this journal, namely the Civil Code, jurisprudence, and court decisions. As for secondary legal materials, namely book literature, legal journals, and other relevant literature. The results of the study indicate that the case in Supreme Court Decision Number 1395 K/Pdt/2017 has proven that there is an abuse of circumstances in economic excellence.