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

摘要

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.