The Handling of Land Rights Ownership and Building Ownership Based on the Principle of Horizontal Separation during Covid-19 Pandemic
Lilawati Ginting, Tan Kamello, Muhammad Yamin, O.K Saidin

Universitas Sumatera Utara

Abstract

Like other countries, Indonesian economic sector is badly affected by the Covid-19 Pandemic. One of them is in terms of ownership of residential and business place for those who do not own land. Indonesian law adheres to the principle of horizontal separation, that land and building rights can be owned by different parties. This research discusses about the concept of land rights ownership and building ownership based on the principle of horizontal separation. Are there different treatments in handling during the Covid19 Pandemic?. This research applied normative legal methodology. Data analysed based on Law No. 5 of 1960 concerning Basic Agrarian Law and Law No. 28 of 2002 concerning Buildings (Building Law)and its implementing regulations. The results showed that implementation of the horizontal separation principle has not been carried out consistently in accordance with the mandate of the Basic Agrarian Law and Building Law. Fact that until July 2020, building has not become an object of the Registration of Rights so it does not have a certificate as a proof of ownership that separate from the land certificate. During the Covid-19 Pandemic there was no difference in treatment in the handling of land and building rights ownership.

Keywords: Building, Covid-19,Horizontal Separation,

Topic: Trade and Business