The Philosophical Foundation of the Coherence of Regulations Concerning Apartment in Indonesia

Abstract

A state holds constitutional responsibility of embodying physical, psychological welfare, and social justice for all of its citizens. Developing apartments is one of the Indonesian government's policy to ensure the embodiment of these responsibilities. Regulation on apartment that adheres to horizontal separation principle (<em>Horizontale scheiding beginnsel</em>) still often leads to a range of legal issues. Accordingly, it is necessary to find out and comprehend the philosophical foundation of the coherence of regulations concerning apartment. The present study applied normative legal method with statutory and conceptual approaches. In practice, horizontal separation principle is not well-implemented and is not in line with the Basic Agrarian Law (BAL). Right of Ownership of an apartment unit (HMSRS) is a personal right and is separated from common right upon shared objects, parts, and land. This phenomenon can lead to legal issues, particularly when the secondary rights (i.e., right to use building or right to use upon the state land and right to use building or right to use upon the right to manage) are no longer extended. The implementation of horizontal separation has not provided a legal certainty for the community regarding apartment unit ownership. Accordingly, in order to provide legal certainties, the government should enact Government Regulation as further stipulation of Law no. 20 of 2011.

Criticizing apartment ownership regulation in Indonesia

“…This value is highly reflected on the annual increasing land price, added value from the development of surrounding areas, and protection of purchasing power against inflation. Therefore, it is not surprising that investment become a reason for Indonesian citizen to purchase properties (Yuniyanti, 2020;Khotimah, 2018;Martin et al, 2019;Sujana et al, 2019).…”