No abstract

Cadastral is a system of registration of rights to the property of both movable and immovable belonging to the Property Law, including the system of registration of land rights. In the Indonesian Customary Law System, there is separate ownership of land and buildings or houses, which are caused by different ownership of the legal subject of the owner and the legal subject of the owner of the house or building. As the customary legal system is not written, then the practice of separate ownership is not explicitly registered which indicates and provides the base of ownership to the land builder. In Minangkabau custom, there is heritage land called as Ulayat, which is controlled by tribes and administered by tribal administrators, each tribal family member can build a house on tribal land that is ulayat. Likewise, in North Sumatra known as the Sultan's Grant Land derived from the Sultan's Grant can be built a house or building separately of its ownership. The building of the house or building is not registered, but it is legally recognized. This customary law practice shows the recognition of building objects on land not the owner of the building. In the practice of apartment ownership, it is recognized that a housing unit is a separate object either vertically or horizontally with the foundation of the Flats Act which is de facto separate from the land, since the land is a joint or land owned together, but the registration of ownership of the unit the flats are incorporated in a certificate of ownership rights of the apartment units, this is because the apartment regime in the registration system is subject to the land law regime which raises many problems in society. This study aims to build the concept of legal vacuum in the form of the development of building cadastral system as an alternative solution to create legal certainty on the ownership of buildings, especially in buildings Flats due to time constraints rights to the Right to Build Building which is a common land. The research method used is the normative juridical method by looking deeper into the legal postulates against the establishment of a property registration regime on buildings that are an integral part of the flats in which there is a right to unit units of flats, shared parts, shared objects, and land together.

Background-The idea of establishing a land bank as an alternative provision of land for the public interest includes construction of roads and bridges, irrigation, other public facilities and infrastructure such as markets not initially for housing. Some studies of land banks have been directed to the provision of land by the government as an elaboration of the mandate of the agrarian constitution, the right to control the country where the state regulates land use, use, supply and maintenance. Due to the higher land prices, even the land has been used as a business commodity, investment and even speculation has created difficulties for the people to get access to land in urban areas in particular, due to the increase in land prices and limited land ownership by the government has resulted in barriers to development for the development of housing for low-income people, because of the limited ability of the people to buy land for housing development. Although on the other hand the government launched the provision of one million houses in one year. One of the steps taken is the development of rusunami (private flats) and rusunawa (rental flats), but still there are limitations on the availability of land. The development of the concept of land bank is an alternative where the provision of land for housing development becomes the main function of the land bank, in addition to other tasks. The research question is how is the concept of developing land bank institutions to provide land in order to build affordable housing for low-income people with a land legal system approach in Indonesia? This study aims to analyze and find solutions to the availability of land for the benefit of building people's houses from aspects of land tenure, legal certainty, and land use for the public interest. From this research, it is expected to generate thoughts about the development of land bank institutions that function as land suppliers for affordable housing development for low-income people. The research method uses a normative juridical approach that sees secondary legal material as a research basis. Primary legal materials are used to look deeper into the authority of the State Control Rights as a way to provide access to land provision for affordable housing development, among others by conducting land redistribution or land consolidation. Primary data can also be used as additional information to be able to describe the solution of the direction of research by comparing the number of land holdings, house prices, and the ratio of the ratio of people's income to the availability of affordable housing. The findings of this study are the down streaming of previous research for 8 years to open up access for low-income people to have affordable housing without having to buy land with the development of land bank institutions. Housing ownership without buying land is given proof of building ownership rights certificate (SKBG) which is a follow-up research including certification models, cadastral models, and institutional cadastral ...

Jakarta Bay Reclamation is the process of land acquisition by the government of Jakarta within government Jokowi Widodo, who was replaced by Basuki Tjahaja Purnama (Ahok). Later, in the 2017 gubernatorial election Anies Baswedan and Sandiaga Uno won an absolute and seized power in the capital. With the win, according to the governor's promise during the election campaign that Anies has suspended the reclamation project and confirms the termination of the contract with the developers, some of whom started reclamation and want to restore the land benefit for the greatest prosperity of the people in accordance with the mandate of the state constitution. This action reaps the pros and cons because the developers have invested large enough to planning a new city for business purposes and converted into for the benefit of the people. The study aims to analyze and provide alternative solutions regarding the use and utilization of land reclamation which covers approximately 1500 hectares in order to find a win-win solution. The method used is normative juridical approach to address how policy should be appropriate so that the reclaimed land can be reused and do not become wastelands. From this research found an alternative solution by dividing the three steps, among others who had given position, which was the reclamation process, and that has not been processed yet been obtained prior permission from the governor. Complicating this issue is caused due to developers who build without permits and permit reclamation is still under debate, so there are some developers who commit violations in the sphere of administrative and legal procedures, and increasingly complicated in the land that has been reclaimed in fact already issued building rights to on behalf of developers perceived by the governor Anies as a rule are not prudential practice. Keywords: Land Bank, Reclamation, Land Acquisition, Affordable Housing.

Use Rights Certificate Business Place (SHPTU) is proof of ownership of the right to use business premises (shop) in a market that is owned by market traders. SHPTU have a fairly high economic value. Therefore, expected SHPTU can be used as loan collateral. SHPTU have a common element of the lease, as in article 1548 of the Civil Code. Because SHPTU not the right material, then SHPTU can not be guaranteed by using a material guarantee institutions. The research method with the added element of normative juridical empirical, with the analysis of qualitative data. From the analysis it can be concluded that SHPTU not the right material, but given SHPTU has economic value and can be transferred, it is expected that the government can immediately respond to the needs of society (the Merchants Market) to the existence of a guarantee institution which can accommodate SHPTU shop as loan collateral. Resulting from the rigidity of the legal material to deliver the right material on business premises or SHPTU recommended for use kaedah contained in Article 48-49 of the legislation Flats by issuing Certificates of Building Owners and Building (SKBG), where the issuance of the certificate is the same between Local government in this case the Department of Public Works and the Department of Housing, while still managing PD Pasar Jaya as it has been running for this. Issuing authority on the issuance of a certificate is not PD Pasar Jaya but agency in charge of publishing the SKBG. When referring to the Building Act SKBG publishing at the Department of Public Works, and when referring to the Law on Housing, the publishing SKBG by the Department of Housing. That way it is assured of legal certainty as mandated by state law, as well as the grand theory of Hans Kelsen. SKBG is way out proof of ownership of the store, which is very expensive because of the value it needs the necessary legal certainty regarding the right material.Keyword: Droit De’ Preference, UMKM, Shops