Proceedings of the International Conference on Law Reform (INCLAR 2019)

Economic Analysis of Law: Study the Law Purpose in Term of Transition Period Regulation of Rusun Management

Authors
Aida Maysriwigati Mustafa, Prisca Oktaviani Samosir
Corresponding Author
Aida Maysriwigati Mustafa
Available Online 4 March 2020.
DOI
https://doi.org/10.2991/aebmr.k.200226.038How to use a DOI?
Keywords
Rusun, Sarusun, Developers, PPPSRS, transition period, Rusun management
Abstract

Regulation of maximum term of transition period is 1 (one) year, and cannot be extended is an important aspect for the transition process of the Rusun Management from the Developers to PPPSRS. Practically, the Rusun Magament by Developers run over the term of transition period. Based on these, the authors will study 3(three) principle purpose of the law (rule of law, justice and benefit) regulation in term of transition period, by using The Economic Analysis of Law approach and normative law research methods. Based on the analysis, it was concluded that during the term of transition period, the amount of costs that must be spent by the Developers during the 1 (one) year term of transition period to manage the Rusun, is greater than the results obtained, causing the Developers to incur losses. This reflects that the term of transition period regulation does not provide justice and benefits for the Developers, as contained in the concept of utility and benefit principle, so that it is not a rational choice for the Developers to manage the Rusun for 1 (one) year in the term of transition period. With no sanctions for Developers who manage the Rusun over the term of transition period, this is contrary to the concept of efficiency and the principle of Legal Certainty.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the International Conference on Law Reform (INCLAR 2019)
Series
Advances in Economics, Business and Management Research
Publication Date
4 March 2020
ISBN
978-94-6252-916-8
ISSN
2352-5428
DOI
https://doi.org/10.2991/aebmr.k.200226.038How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Aida Maysriwigati Mustafa
AU  - Prisca Oktaviani Samosir
PY  - 2020
DA  - 2020/03/04
TI  - Economic Analysis of Law: Study the Law Purpose in Term of Transition Period Regulation of Rusun Management
BT  - Proceedings of the International Conference on Law Reform (INCLAR 2019)
PB  - Atlantis Press
SP  - 185
EP  - 189
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200226.038
DO  - https://doi.org/10.2991/aebmr.k.200226.038
ID  - Mustafa2020
ER  -