Kepastian Hukum Kepemilikan Rumah Susun Bagi Masyarakat Berpenghasilan Rendah

Rubiati, Betty; Pujiwati, Yani; Djakaria, Mulyani

doi:10.24970/jbhl.v1n2.11

Cited by 1 publication

(2 citation statements)

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“…With the implementation of this principle in the Indonesian land law, it is possible to separate the rights to a plot of land and the objects erected above [2].…”

Section: Introductionmentioning

confidence: 99%

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Formulation of a Certification Agency for Buildings without Land Rights Based on the Principle of Horizontal Separation (Comparison to Japan)

Ginting¹,

Kamello²,

Yamin³

et al. 2021

Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

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This research discusses the proof of building ownership based on the principle of horizontal separation. Is it possible for the Government of Indonesia to create a special agency for building certification without land rights? The Indonesian agrarian law adheres to the principle of horizontal separation, where a party can construct a building on land owned by another. To be able to protect their rights, the owner of the building requires proof of ownership that is separate from the proof of land ownership on which the building stands. As building is classified as immovable property namely object adhered to the soil, a written proof (certificate) is required as proof of ownership. This is normative descriptive research. The results show that the Indonesian government can establish a special agency for building certification without land rights, such as the National Land Agency (NLA) to ensure that buildings without land rights can possess legal certainty which enables them to be used as collateral.

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“…With the implementation of this principle in the Indonesian land law, it is possible to separate the rights to a plot of land and the objects erected above [2].…”

Section: Introductionmentioning

confidence: 99%

“…Since traditional Japanese buildings are small and made of wood, it is relatively easy to move them into sections. Sometimes buildings are treated as movable rather than immovable property 2. Many problems arise from a system that treats land and any buildings on it as an independent interest.…”

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confidence: 99%