Kan, James (2022) Perlindungan hukum bagi pembeli rumah dan tanah terkait dengan prasarana, sarana, dan utilitas yang tidak tersedia dalam suatu perumahan (studi putusan Mahkamah Agung nomor 365/K/Pdt/2019) = Legal Protection for Buyers of House and Land- Related To Facilities, Infrastructure, and Utilities Not Available In A Housing (Study Of Supreme Court Decision Number 365/ K/Pdt/2019). Bachelor thesis, Universitas Pelita Harapan.
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Abstract
As housing developers, a developer must be liable for housing’s infrastructures, facilities, and public utilities inside/ in it. According to adjudication number 365 K/Pdt/2019, Abi Kusuma Jaya Company as one of the examples that there are developers who still do not build proper infrastructures, facilities, and public utilities. This study will discuss the developer's obligations in constructing infrastructures, facilities, and public utilities in a housing estate and how legal protection can be obtained by buyers and residents of housing if the infrastructures, facilities, and public utilities built are not feasible. The research was conducted using a normative method by conducting a literature study based on secondary legal materials to collect the data used in this paper. Referring to the analysis that has been carried out, regarding the developer's obligation to develop infrastructures, facilities, and public utilities, they must build it following the Article 17 of Government Regulation Number 12 of 2021, which the Developer must build infrastructures, facilities, and public utilities following the general provisions and technical standard. Meanwhile, in the case analysis, the author also agrees with the decision made by the Panel of Judges both at the District Court to the Supreme Court which stated that they rejected all the claims of the plaintiff and the defendant because the plaintiff filed a default suit and the plaintiff did not have sufficient evidence to prove it. However, for legal protection that can be received by buyers and residents of housing-related to inadequate infrastructure, facilities, and public utilities, the author can conclude that the plaintiff does not get full legal protection because preventive legal protection has not been received by the plaintiff. However, the plaintiff's repressive legal protection has been fully obtained based on the court process that has been carried out. The conclusion of this paper is the preventive and repressive rules but not in full, which was caused by the plaintiff's mistake in filing the lawsuit. Developers should build public infrastructure, facilities, and utilities by general provisions and technical standards based on Article 17 of Government Regulation Number 12 of 2021.
Item Type: | Thesis (Bachelor) |
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Creators: | Creators NIM Email ORCID Kan, James NIM01051180100 kan.james8@gmail.com UNSPECIFIED |
Contributors: | Contribution Contributors NIDN/NIDK Email Thesis advisor Pandamdari, Endang NIDN0313026002 epandamdari@yahoo.com |
Uncontrolled Keywords: | Legal protection; Developer; Housing |
Subjects: | K Law > K Law (General) |
Divisions: | University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law Current > Faculty/School - UPH Karawaci > Faculty of Law > Law |
Depositing User: | Users 8368 not found. |
Date Deposited: | 07 Mar 2022 01:01 |
Last Modified: | 07 Mar 2022 01:01 |
URI: | http://repository.uph.edu/id/eprint/47098 |