PENEGAKAN HUKUM TERHADAP PENERTIBAN RUMAH NEGARA DI LINGKUNGAN KEMENTERIAN KEUANGAN

Main Author: Adhana, Hasya Ilma
Format: Book application/pdf Journal
Terbitan: UI Scholars Hub , 2021
Subjects:
Online Access: https://scholarhub.ui.ac.id/dharmasisya/vol1/iss1/34
https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1017&context=dharmasisya
Daftar Isi:
  • Law of the Republic of Indonesia Number 1 of 2011 on Houses and Housing Area rules that “A statehouse is a house owned by state and functioned as a living house or residence, and as a facility to grow a family and to support government officials’ duties.” Ministry of Finance of the Republic of Indonesia has 10.475 statehouses including 4.118 statehouses which lived by person who has no rights or no occupancy. The availability of statehouses owned by the Ministry of Finance is not equivalent to the number of employees. Currently, the Ministry of Finance has 80.524 employees. With regard to those facts, we need to observe procedural and legal enforcement which conducted by the Ministry of Finance on the issue regarding statehouses. This issue is important due to the fact that more than 40% of statehouses are misused. The author uses normative juridical method and descriptive approach to conduct this research. The first method is used to observe the rules and procedural while the latter is used to evaluate legal enforcement that has been applied. There is no clear and detail rules on statehouses in the Ministry of Finance. In this current rules, the statehouse is a part of state asset. The law enforcement on statehouse's issues remain conducted by using persuasive approaches without clear legal efforts. Normatively, procedural stages to conduct legal efforts and to apply penalties on the use of statehouse is begin from administrative effort. Subsequently, if the issues are not settled, the officials would use the next effort to file a lawsuit either by using private or criminal law. The availability of public budget and the lack competencies of human resources also contribute to this issue. These factors made the law enforcement on the use of statehouses in the Ministry of Finance has gone sluggish and ineffective.