The worst effect of the pandemic and recession is the increase in problem loans, especially in the mortgage sector. So there are reciprocal (obligatoir) rights and obligations between the government as the executor of the state and its people.
Network Visualization on Housing Credit in Indonesia through Google Scholar Search Engine during Last Decade (2013–2022)
Network Visualization of Housing Credit Based on the Terminology of “Bank”
Network visualization of home loan in Indonesia through the Google Scholar search engine over the past decade. The term "Bank" is the core keyword and is most often cited in home loan related publications, with a total link strength of 849 with 134 mentions.
Network Visualization of Housing Credit Based on the Terminology of “Credit”
So that the collected data is legal material in the form of valid and authentic data. In addition to bibliometric analysis, it can be obtained from contracts obtained from the notary office in the form of authentic documents and also credit documents from implementing banks for Housing Ownership Credit (KPR) or Apartment Ownership Credit (KPA), in this study the author also introduced it to Flat Ownership Credit ( KPRS).
Results and Discussion
Some primary data were also obtained from the Ministry of Public Works and Public Housing, Central Bureau of Statistics, Bank of Indonesia, Financial Services Authority (FSO), National Library and Djuanda University Center for the Study of Property and Housing Law and Areas of Housing. The nature of this research is a descriptive analysis combining inductive and deductive thinking, which looks at the legal issues arising from contracts which are also the laws of the parties developed in related clauses such as force majeure and non-performance provisions, namely indications, causes , consequences and risks. for the parties.
Indonesian Housing Issues and Challenges
Limited information: information is one of the important issues in efforts to provide adequate housing. On the financing side of housing supply and demand, limited financing is the biggest obstacle.
Housing Provision
If you pay attention to Table 4 for the Bodetabek area, the percentage of backlog in the areas of Tangerang Regency, Tangerang City and South Tangerang City reaches about 80% of the backlog of Banten Province. The remaining difference in DKI Jakarta and West Java Province is in the red zone, while the rest of Banten Province is in the yellow zone.
Purchaser and End-user
This is also an indication of the declining ability to repay home loans at the MBR. The percentage of houses for MBR is 77% of the total performance, while the remaining 23% houses are for non-MBR.
Housing Ownership Contracts and Loans 1. Housing Financing
- Contract Performance
- Loan Results
- Rights and Obligations
- Event of Default
- Dispute Resolution
The debtor will pay the price of the house to the bank that paid off the price of the house. The payment for the price of the house consists of advances paid by the debtor and the settlement of the purchase price for the house, which is paid by the bank from the title of KPR.
Rebus Sic Stantibus
The function of the rebus sic stantibus clause in this case can provide opportunities through negotiations, for example with management assistants. It is noted that "when the controlling circumstances are such as to lead to a fundamental change in the balance of the contract, they create an exceptional situation which in principle is called ``difficult.''
Conclusion
With the rebus sic stantibus clause, the principle of legal certainty or pacta sun servanda becomes more flexible and opens up room for negotiation. The principle of actio pauliana can be developed if the parties agree on it.
Acknowledgment
On the other hand, the parties differed between the favorable options whether to choose default or force majeure according to their advantages. With the rebus sic stantibus clause, unilateral actions to protect each other's interests can be prevented without compromising one of the parties, so that contract law issues are not only about right and wrong or strong and weak.
An overview of the reliability of land banking institutions in Indonesia for effective public interest land management". Development of the Rebus Sic Stantibus Principle (Changes in Fundamental Conditions) in Positive Law in Indonesia".
Abstract
CLAIM FOR DAMAGES BY AGGRIEVED VICTIM PURCHASERS IN ABANDONED HOUSING PROJECTS
IN PENINSULAR MALAYSIA
Nuarrual Hilal Md Dahlan School of Law Universiti Utara Malaysia
This article finds that aggrieved purchasers are entitled to certain legal and equitable remedies in connection with damages in abandoned housing projects. It follows that the curative rights and interests of injured customers are to some extent protected and insured.
Introduction
The final part of this paper will be the conclusion and recommendations of the author in light of the issues highlighted.
Research Methodology
Discussion
This is set out in clause 4(6) of Schedule G, clause 5(6) of Schedule H, clause 5(6) of Schedule I and 5(6) of Schedule J; . 2) provide the promised construction and housing materials and that the work must be in accordance with the description of the agreements mentioned in the contrary, the buyers have the right to the corresponding reduction of the purchase price or damages. This is in accordance with clause 13 of Schedule G, clause 12(2) of Schedule H, clause 13 of Schedule I and clause 12(3) of Schedule J; . 3) hand over the freehold of the residential units to the purchasers within 2 years or 3 years as the case may be, failing which the purchasers are entitled to liquidated damages of 10% per annum (LAD) of the purchase price from the date of expiry of delivery of vacant possession until the date on which the purchasers take vacant possession of the said units.
Issues
Can the aggrieved purchasers claim other damages apart from what has been prescribed under the said agreements?
Later, the plaintiff sent a letter of withdrawal from the sales contract to the defendant. The court granted the claim of the plaintiff and, among other things, ruled that when the plaintiff and the defendant entered into a sales contract, time was of the essence of the contract.
Can the purchasers claim LAD from the defaulting abandoned housing developers for not completing the construction
Plaintiffs do not require actual vacant possession of the residential units by the developer for them to claim LAD. The buyer does not need to wait until the actual delivery of vacant possession to claim damages.
Closing
Moreover, according to Keng Soon Finance Berhad, Neoh Khoon Lye, Sea Housing Corporation Sdn Bhd, and Lee Poh Choo, the aggrieved victim purchases can offset the balance purchase price with the unpaid LAD of the defaulting developers. Keng Soon Finance Berhad, Neoh Khoon Lye, Sea Housing Corporation Sdn Bhd, and Lee Poh Choo strengthen the right of purchase of aggrieved victims to offset the balance purchase price with the unpaid LAD of the defaulting developers.
Cases
Statutes
However, due to the inconsistencies in the laws of the various states, the development of Malaysian reserve land was slow. The authors found that the provisions of the Act are the main factor hindering the development of the Malay Reserve Land.
LEGAL ADMINISTRATIVE HINDRANCES FOR THE DEVELOPMENT PLANNING OF MALAY
Malay Reservation Enactment 1933 (FMS Cap 142) was the first law designed to regulate Malay Reserve Land. This study aims to examine the existing Malaysian laws regarding Malaysian reserve land in order to identify the challenges that hinder its development.
RESERVE LAND
This law applied to the Federated Malay States of Perak, Selangor, Negeri Sembilan and Pahang, while the Unfederated Malay States of Kelantan, Kedah, Perlis, Johor and Terengganu initiated their own legislation. In addition, other non-legal factors related to the burden of debt borne by Malay Reserve landowners, the voluntary release of Malays.
Jady Zaidi Hassim and Nadhilah A. Kadir Faculty of Law Universiti Kebangsaan Malaysia
It offers a pure legal research or doctrinal research, where references to primary sources such as relevant legislation and court cases are used to identify legal principles and doctrines. This study will provide new insights into the laws relating to Malay Reserve Land and the proposed amendments that will benefit the Malay Reserve Landowners.
Preliminary
The provision of the Federal Constitution through Article 89 (1) empowers the state government to change the status of Malaysian Reserve Land to vacant land. Based on section 7 of the Malaysian Reservation Decree 1913, Malaysian Reserve Land is prohibited from being transacted with non-Malays (Kadir, 1997).
Objectives
In the initial phase, the authors looked at the available legal provisions relating to Malaysian reserve land. The statutory provisions allowed the authors to make general observations regarding Malaysian reserve land.
Legal Factors
In that case, the court also held that the word 'Malay' in section 8(i) of the Act should have the meaning as defined in section 2 of the Act. The Court did not apply the definition of Malay in Article 89(6) and Article 160(2) of the Federal Constitution in interpreting Section 8(i) of the Act.
Alternatively, owners of Malay Reserve Land should be allowed to create a charge over such land as security for any bank or financial institution. It is suggested that the leasing of Malaysian reserve land to non-Malays should be allowed to increase the marketability of the land (Bernama, 2018).
The valuation of the Malay Reserve is another loophole in the law that may hinder its development. Similarly, property developer Mohd Khay Ibrahim observed that a major obstacle to the development of Malay Reserve Land is the multiple ownership of plots.
Non-Legal Factors
Consequently, the rules regarding Malay Reserve Land should be relaxed or certain amendments are needed to facilitate the development of Malay Reserve Land and further help Malay owners to increase their land's value. Moreover, many reasons contribute to the crisis currently being faced in the development planning of Malay Reserve Land, which are as follows.
At present, this problem has arisen because there is no holistic financial model to facilitate the development process of the Malay Reserve Land in Malaysia. Alternatively, by becoming 'artificially Malay' under the amended Section 17 of the Malay Reservations Enactment (FMS Cap 142), financial institutions are allowed to accept Malay Reserve Land as collateral for loans made to their owners (Hanif, et.al ., 2015 ).
For example, the development of Malay reserve land in Kampong Baru, Kuala Lumpur is difficult to implement due to overlapping ownership issues (Discard, 2019), in addition to a weak communal spirit and lack of initiative to further develop the land (Omar, 2015). It is further proposed to transfer ownership of the land in the form of a shareholding, either under one name or a company jointly established by them, in order to ensure that the development of Malaysian Reserve Land can take place (Kamarudin and Bernama, 2018b).
Following its success in developing idle land in the country, UDA Holdings Bhd aims to develop about 1.62 million hectares of Malay reserves across the country. It follows that UDA has been exploring Malay Reserve Land in Selangor and Johor with development potential to increase its value (EdgeProp.my, 2018).
Alternatively, certain amendments should be made to the legislation governing the affairs of Malay Reserve Land. Retrieved from https://www.theedgemarkets.com/article/uda-plans-develop-162- mil-hectares-malay-reserve-land.
DEVELOPMENT PLANNING AND ENVIRONMENTAL GOVERNANCE IN MALAYSIA
This essay focuses on the importance of environmental management in the philosophy of development planning in Malaysia. In addition, it examines environmental management challenges and suggests methods to strengthen environmental management in Malaysia.
Tuan Pah Rokiah Syed Hussain, Hamidi Ismail, and Sharifah Sofiah A’tiqah Syed Ibrahim
In short, development planning guided by environmental management is the best technique as a development framework that benefits the present and future generations. As a result, environmental management is an important part of a country's development planning process to improve the country's economic status.
Malaysia’s Development, Development Planning, And Environmental Governance
According to Tikson and Deddy (2005), the development of the state can also be defined as a conscious economic, social and cultural transformation through policies and strategies in the desired direction. The discussion in this section involves several aspects related to environmental management in development planning, which is in line with the overall implementation of the environmental management framework.
Meanwhile, the search for forests has also affected the efficiency of the Sultan Abu Bakar Hydroelectric Dam due to the accumulation of mud, sand and waste from agricultural residues and forest cuttings. However, the effort was unable to cope with the estimated accumulation of sediment in the lake, which is estimated at 500,000 cubic meters per year.
However, measures to address this problem are uncoordinated and not comprehensive, particularly at the federal, state and local levels due to non-exhaustive policy planning and the lack of a regulatory framework. For example, national climate change policies adopted in 2009 have yet to be supported by adaptation plans and mitigation measures; and the Environmental Quality Act, 1974 is still not comprehensive in terms of regulating household e-waste and contaminated land.
Maps of high risk areas, especially for floods, landslides and earthquakes, have been implemented, but on an ad hoc basis; development activities also do not take disaster risk into account in their planning, assessment and implementation; communication strategies, especially early warning systems, are not effective; and community and private sector involvement in DRM is insufficient, increasing the risk and extent of harm (Callicott, 2000; Gardner & Stern, 2002).
Then, developing and implementing Strategic Environmental Assessment guidelines and reviewing the Environmental Impact Assessment to ensure that aspects of climate change and the environment are taken into account at all stages of development, i.e. planning, assessment and implementation ( Hamidi Ismail et al., 2012; Ministry of Natural Resources and Environment, 2016; Nurulaisyah Rosli & Roslina Ismail, 2019). At the same time, new indicators and databases related to environmental governance such as geospatial information management, national GHG inventory, integrated chemical inventory, coastal data and environmental indicators, i.e. indicators of green market, green economy and green development indicators should be developed for it. supplement existing indicators to provide a more comprehensive overview of the current situation (Hamidi Ismail et al., 2012; Ministry of Natural Resources and Environment, 2016; Thomson, 2004).
Although research and development in the field of the environment is often labeled as having no economic value compared to other fields, human dependence on the environment and its components is undeniable in survival. They should also be assisted by the awarding of research grants that will produce human capital that will be skilled in the field of environmental management for future generations (Ministry of Natural Resources and Environment, 2016).
The implementation of GGP will increase the demand for green products and services, as well as encourage the industry to comply with product quality standards as a requirement in green criteria. Next, in addition to products, new public buildings can also be categorized by their green rating based on the setting of green features and design as well as the use of environmentally friendly building materials based on the Green Rating Scheme of the Public Works Department of Malaysia.
The implementation of the CEPA program is led by the Ministry of Natural Resources and Environment (NRE) to coordinate with relevant ministries and agencies to develop a comprehensive and comprehensive CEPA program. In addition, we will also introduce the CEPA program into training programs for experts and skilled workers through ongoing cooperation with related parties.
Proposed Framework For A Holistic Environmental Management Model
Pelan Strategik Kementerian Sumber Asli dan Alam Sekitar (NRE) Membimbing Pengurusan Sumber Asli dan Pemuliharaan Alam Sekitar Secara Mampan In, Noreha Hashim, Latifah Abdul Ghani, & Rahaya Md Jamin (eds) Tadbir Urus: Isu Pembangunan Masyarakat dan Alam Sekitar .
LAND CONFLICTS ON FOREST AND PLANTATIONS
The research results show differences in the causes of conflicts in West Java and West Kalimantan. The conclusion is that ownership conflicts arise because there is overlapping ownership and because there are overlapping rules for understanding land ownership.
Rita Rahmawati
Conflict resolution in the two regions is also different, influenced by the religious condition of the indigenous people living in the region. The importance of the function of land for human welfare causes the land to become a source of conflict between the parties.
Tenurial Conflict in the Forest Area
This individual ownership in the Kasepuhan community and the Dayak Iban Sungai Utik community is characterized by former fields. Conflicts in the Kasepuhan and Dayak Iban Sungai Utik communities can also be called tenure conflicts.
Tenurial Conflict Settlement
When the state expanded the area of Gunung Halimun Salak National Park, the site for expansion took a forest area claimed by the Kasepuhan people as customary forest. Report of the seminar and seminar on the legal plan of the rights of indigenous peoples".
LAND REGISTRATION OF CUSTOM LAND POST GOVERNMENT REGULATION NUMBER
The results of the study showed that the UUPA and its implementing regulations do not regulate the time frame and limitations for changing and registering former ulayat lands, but instead enforce the provisions of Article 96 of Government Regulation no. 18 of 2021, which requires the registration of customary land, former customary land land, traditional land for a certain period. Based on the provisions of the first paragraph of Article 11 of Act no. 5 from 1960 on the Basic Agrarian Regulations (UUPA), the legal relationship between people (including legal entities) with land, water and space and the authorities arising from legal relationships shall be regulated in such a way as to achieve the greatest possible welfare of people (as 3 . paragraph 2 of Article ZUPA).
NUMBER 24/1997
The legal consequence is that there is written evidence of former municipal land, which is currently only a legal entity as a guide to the Land Registry.
KRT. Michael Josef Widijatmoko and Nurwati Master of Law, Postgraduate School Universitas Djuanda
Land registration is carried out on all land parcels within the territory of the Republic of Indonesia. The conversion of the former western land rights based on the provisions of Presidential Decree No.
Research Methods
Arrangements for land rights that were customary land owned by individuals are found only in the Conversion Provisions of the UUPA. Therefore, there are two types of traditional land, namely customary land, owned collectively by common law communities, and ancestral land, owned individually.
Result and Discussion
The formulation of the problem is as follows: (1) how to arrange the deadline for changing land and registering land rights, which were previously customary land; (2) what are the legal consequences of the provisions of Article 96 of Government Regulation no. 18 of 2021 regarding the transformation and registration of lands for land rights, which were previously customary lands.
Conversion and Registration of Customary Land Rights
It will certainly bring legal consequences for the position and function of the written evidence of former customary land in the legal rules of land registration. The legal consequences of the provisions of Article 96 of Government Regulation number 18 of 2021 regarding the conversion and registration of land for land rights that were previously owned by customary land.
MAPPING THE INTEGRITY OF KELURAHAN GOVERNANCE IN DKI JAKARTA PROVINCE
The implementation of the principle of integrity in governance is an urgent aspect as part of a strategy to improve organizational performance and the quality of public services. This study aims to describe the vulnerability of the implementation of the principle of integrity in governance at the village level and the point of implementation of integrity.
Bambang Widjojanto, 1 Kurniawan Zein 2 Master of Law, Postgraduate School Universitas Djuanda
Kelurahan is part of the DKI Jakarta Provincial Government structure on a micro basis to serve the community. The results of the study referred to can therefore be used by the central and regional governments to strengthen the integrity of administration.
Research Method
- Transparency of Information and Procedures
- Ease and Speed of Service
- Service Behavior
- Accountability
- Community Participation
- Handling of Public Complaints
- Conflict of Interest
- Implementation of Maintenance of Public Order and the Environment
- Implementation of Community Empowerment
The community is based on six factors, namely: (i) meeting health needs through Posyandu, (ii) implementing a supplementary nutrition program. PMT), (iii) openness of kelurahan budget for Posyandu and PMT implementation programs, (iv) implementation of early childhood education (PAUD) programs, (v) kelurahan support for capacity to implement PAUD and (vi) openness of kelurahan budget for implementation of PAUD programs .
BIOGRAFY AUTHOR
He is also currently the Assistant Vice-Chancellor of UUM's College of Law, Government and International Studies and Director of the Risk Management Office of Universiti Utara Malaysia (UUM). He was a commissioner at the Corruption Eradication Commission, chairman of the board of the Indonesian Legal Aid Foundation and a member of the National Management Policy Committee (KNKG), administrator of the Advocates Association (PERADI) and an expert at the Indonesian National Arbitration Board (BANI). .
