基于正义价值的住宅开发企业规制重构

Anis Mashdurohatun., H. Adib, S. Wahyuningsih, A. Sulistiyono
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引用次数: 0

摘要

研究的背景是,房屋供应的缺口或积压仍然很高。目前仍有约1140万套住房的积压,住房开发商必须不断实现这一目标,以期获得持续的政府补贴援助。研究的目的是分析和发现不基于正义价值观的住房开发商经营法规,分析和发现基于正义价值观的住房开发商经营法规的重构。本研究使用的研究方法采用建构主义范式(法律建构主义),将法律现实的真相视为相对的,根据社会行为者认为相关的特定语境进行应用,采用社会法律研究方法,因为要进行的研究旨在科学研究,采用系统的步骤和控制,仔细和逻辑,客观和经验,并针对要解决的目标。研究发现,房地产开发商的商业法规没有建立在正义价值观的基础上,现行的房地产开发商法规表明,国家正试图在制度层面建立一个公平的关系体系框架,但在发展结构上,它并没有充分提供平等的机会。服务促进过程和所需资源尚未由各方获得。重建基于价值正义的住房开发商经营规制,即政府不忽视和重视住房开发商的诉求,特别是在制定政府政策时对住房开发商经营规制的各个方面,考虑到住房开发商必须获得的权利和补偿,使住房开发商获得正义,规范重建。印度尼西亚共和国关于住房和住宅区的2011年第1号法,印度尼西亚共和国内政部部长关于各地区低收入社区住房开发许可和非许可实施的2017年第55号条例。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
RECONSTRUCTION OF HOUSING DEVELOPMENT BUSINESS REGULATIONS BASED ON JUSTICE VALUE
The research background is that the deficit in the availability of houses or the backlog is still high. The backlog, which is still around 11.4 million units for residential needs, must be consistently realized by housing developers in the hope of consistent government subsidy assistance. The aim of the research is to analyze and find housing developer business regulations that are not based on justice values, to analyze and to find the reconstruction of housing developer business regulations that are based on justice values. The research method used in this study uses a constructivism paradigm (legal constructivism) which sees the truth of a legal reality as relative, applies according to a specific context that is considered relevant by social actors, with the Socio Legal Research approach method, because the research to be carried out is aimed at scientific research using systematic steps and controlled, careful and logical, objective and empirical and directed to the target to be solved. The research findings obtained are housing developer business regulations that are not based on values of justice, that the prevailing housing developer regulations show that the state is trying to build a framework for a fair system of relations at the system level, but in developing structures it has not fully provided equal opportunity. The service facilitation process and the resources needed have not been obtained by all parties. Reconstruction of housing developer business regulations based on the value of justice, namely the government does not ignore and pay attention to the aspirations of housing developers, especially in formulating government policies in various aspects of housing developer business regulation and taking into account the rights and compensation that housing developers must receive so that there is justice for housing developers, Norm reconstruction. Law of the Republic of Indonesia Number 1 of 2011 concerning Housing and Residential Areas, Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 55 of 2017 concerning the Implementation of Permits and Non-Permits for Housing Development for Low-Income Communities in the Regions.
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