The Legal Subject of Non-Residential Condominium Management Activities: Ujung Pandang Central Market

Syam, M. Ridjal Adelansyah; Pattitingi, Farida; Nur, Sri Susyanti

doi:10.37276/sjh.v4i1.186

Cited by 3 publications

(2 citation statements)

References 13 publications

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“…Availability of documents is a critical factor in making AJB related to heritage land owned by a minor. Complete documents required can help the process of making AJB (Syam et al, 2022). The necessary documents include the SHM to land, the inheritor's certificate, the birth certificate of a minor, the Court's Decision on the legal guardian, the KTP of the child's guardian, a Court permit regarding authorizing the sale of heritage land, and tax documents.…”

Section: Document Availabilitymentioning

confidence: 99%

The Authority of PPAT in Making AJB Related to Heritage Land Owned by a Minor

Hamzah

Mangarengi

2023

sjh

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This research aims to examine and analyze the authority of PPAT in making AJB related to heritage land owned by a minor and identify the factors that hinder the sale and purchase of heritage land rights. The study used normative and empirical research methods, including direct interviews and a literature review of legal materials. Results showed that the PPAT will conduct a preliminary examination of the documents of the sale and purchase of land rights to avoid problems arising due to failure to meet material and formal requirements. Specifically, the seller must attach the Court Decision on the legal guardian, the testator’s death certificate, and the inheritor’s certificate to fulfill the formal requirement of the legal acts. Furthermore, the factors that hinder the sale and purchase of heritage land rights: are document availability, coordination among related parties, legal and bureaucratic procedures, and personal or psychological factors. Therefore, it is recommended that PPAT, Courts, and other parties involved in the sale and purchase of heritage land rights actively improve communication and coordination. Additionally, it is essential to simplify legal procedures and bureaucracy associated with making AJB, including managing required documents such as the Court Decision on the legal guardian, the testator’s death certificate, and the inheritor’s certificate. Furthermore, legal training and education for PPAT and related parties are needed to increase understanding of the material and formal requirements that must be met in the legal act of the sale and purchase of heritage land rights.

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Section: Document Availabilitymentioning

confidence: 99%

The Authority of PPAT in Making AJB Related to Heritage Land Owned by a Minor

Hamzah

Mangarengi

2023

sjh

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“…Furthermore, some experts still argue that the SHM status of Condominium Units on the Right to Build is not a type of Land Right (Syam et al, 2022). In contrast, Elucidation Article 44 section (1) of Law No.…”

Section: Pendahuluanmentioning

confidence: 99%

Status and Position of the SHM of Condominium Units After A Fire: Makassar Mall Shopping Center

Syam

Muzakkir

2022

sjh

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This study will examine and analyze the status and position of the SHM of Condominium Units in the building Blok-A of Makassar Mall after a fire. This research combines normative juridical and empirical research methods. The primary data were collected using direct interviews, while the secondary data was collected using literature study techniques. The data obtained in this research were then analyzed qualitatively. The results show that the SHM of Condominium Units in building Blok-A of Makassar Mall is still in the status quo. Meanwhile, the fire phenomenon and implementation of the construction of the new building Blok-A of Makassar Mall cannot be qualified as a requirement for the removal of the SHM of Condominium Units. In this case, implementing that construction is a form of PT. MTIR’s obligation to the Makassar Municipal Government based on the agreement held under the BOT system. In contrast, PT. MTIR made efforts to usurp the rights owned by traders as holders of SHM of Condominium Units in the building Blok-A of Makassar Mall. Therefore, it is recommended that the Makassar Municipal Government re-evaluate the involvement of PT. MTIR as the Holder of the Right to Build for Makassar Mall Shopping Center. In addition, it is recommended that PT MTIR register for the transfer of the right based on Government Regulation No. 24 of 1997 if they continue to impose their will to become the holder of the SHM of Condominium Units in building Blok-A of Makassar Mall. Furthermore, it is recommended that law enforcement agencies conduct investigations related to the Collaboration Agreement No. 44/511.2/SP/HK along with the accompanying addendums. In this case, traders must get legal certainty and protection as holders of SHM of Condominium Units in the building Blok-A of Makassar Mall.

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The Legal Consequence of Fingerprint Forgery Substitute for Signature in Authentic Deed

Adam,

Purba,

Suprayitno

et al. 2024

sjh

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This research aims to comprehensively examine the juridical implications of fingerprint forgery as a substitute for signatures in authentic deeds and analyze the judicial considerations in handling such cases, using Decision Number 87/Pdt.G/2014/PN.Kpn as a case study. This normative legal research utilizes a statutory approach and a case study approach. Data analysis employs a qualitative content analysis to describe the problem and answer the research objectives. The results show that fingerprint forgery in authentic deeds has multidimensional legal consequences, covering civil, criminal, and administrative law aspects. In civil law, such a deed has the potential to be null and void due to a defect in the element of consensus, which results in the invalidity of the transfer of rights. From a criminal law perspective, this act constitutes the crime of document forgery. Meanwhile, notary publics or land deed officials involved or who are negligent may be subject to administrative sanctions. The analysis of Decision Number 87/Pdt.G/2014/PN.Kpn shows that the judicial considerations were based on the principles of legal certainty, justice, and benefit while emphasizing the importance of due diligence, integrity, and professionalism, especially for Land Deed Officials in carrying out their duties and functions to ensure the validity and authenticity of authentic deeds.

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The Legal Subject of Non-Residential Condominium Management Activities: Ujung Pandang Central Market

Cited by 3 publications

References 13 publications

The Authority of PPAT in Making AJB Related to Heritage Land Owned by a Minor

The Authority of PPAT in Making AJB Related to Heritage Land Owned by a Minor

Status and Position of the SHM of Condominium Units After A Fire: Makassar Mall Shopping Center

The Legal Consequence of Fingerprint Forgery Substitute for Signature in Authentic Deed

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