EXISTENCE OF PROPERTY RIGHTS OF OWNERSHIP OF FLATS PERSPECTIVE OF FLAT LAW AND CIVIL LAW Arif Firmansyah, Lina Jamilah, Salma Suroyya
Fakultas Hukum Universitas Islam Bandung
Abstract
Indonesia^s National Land Law System, while crucial for legal certainty and protection under Article 28D paragraph (1) of the 1945 Constitution, struggles with implementing strata title unit ownership rights. This often leads to owner uncertainty and insufficient protection, as evidenced by the Malioboro City Apartment case where strata title certificates were delayed for 10 years due to licensing and land status issues. Constitutional Court Decision No. 85/PUU-XIII/2015 further highlights legal ambiguities regarding management bodies and common ownership. This research aims to analyze the existence of real rights in strata title ownership on land with building rights, and how real rights law can ensure owner protection and certainty. Key challenges arise from the duality of individual and common real rights, and a conflict between Articles 499-500 of the Burgerlijk Wetboek (BW), which applies vertical accession, and the Basic Agrarian Law (UUPA), which favors horizontal separation. Law No. 20 of 2011 on Strata Titles (UU Rusun) hasn^t fully resolved these issues. Article 46 paragraph (1), by stating strata title ownership is individual and separate from common rights over shared parts, objects, and land, can create conflicts and management difficulties. Similarly, Article 47 paragraph (1) of the UU Rusun presents potential disputes over ownership and collateralization due to the separation of building and land ownership. This normative research, using legislative and analytical approaches, seeks to fill the legal gap concerning real rights in Indonesian strata title ownership.
Keywords: land, house, flat, ownership
Topic: Law and Ethics in Terms of Islamic Perspective
