Proceedings of the 3rd Borobudur International Symposium on Humanities and Social Science 2021 (BIS-HSS 2021)

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Shifting the Concept of Flats Ownership in Indonesia

Authors
Anda Setiawati1, *
1Faculty of Law, Trisakti University, Indonesia
*Corresponding author. Email: anda.s@trisakti.ac.id
Corresponding Author
Anda Setiawati
Available Online 29 December 2022.
DOI
10.2991/978-2-494069-49-7_110How to use a DOI?
Keywords
Shifting; Concept; Flats; Ownership of Flat Unit; Strata Title
Abstract

The concept of ownership of a condominium unit in the form of Ownership Rights to Flat Unit is ownership of units of individual building parts along with common parts, shared objects, and shared land. However, since the enactment of Flats Law, there have been efforts to incorporate the concept of strata title as the concept of condominium ownership. The concept of strata title is the concept of ownership of high-rise buildings that are separated from the ownership of the land. In this paper, the issues are whether the provisions of any laws that contain the concept of strata title and whether legal efforts are being made to restore the basic principle of ownership of condominium units. This research can be categorized as normative research. The objects studied are several laws and regulations that contain rules regarding the ownership of flats. The results showed that there are several articles of law that contain the concept of strata title, namely Article 46 paragraph (1) and Article 48 Flats Law, Omnibus Law on Land Chapter, Article 17 paragraph (1) letter b Government Regulation No. 18/2021, as well as Article 6 paragraph (2) and Article 14 paragraph (1) Regulation of the Minister of Agrarian Affairs and Spatial Planning//Head of National Land Agency No. 29/2016. For this reason, a judicial review must be carried out on the Flats Law and Omnibus Law and revoke Article 71 paragraph (1), letter b, Government Regulation No. 18/2021, and Regulation of the Minister of Agrarian Affairs and Spatial Planning//Head of National Land Agency No. 29/2016.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd Borobudur International Symposium on Humanities and Social Science 2021 (BIS-HSS 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
29 December 2022
ISBN
10.2991/978-2-494069-49-7_110
ISSN
2352-5398
DOI
10.2991/978-2-494069-49-7_110How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Anda Setiawati
PY  - 2022
DA  - 2022/12/29
TI  - Shifting the Concept of Flats Ownership in Indonesia
BT  - Proceedings of the 3rd Borobudur International Symposium on Humanities and Social Science 2021 (BIS-HSS 2021)
PB  - Atlantis Press
SP  - 667
EP  - 672
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-49-7_110
DO  - 10.2991/978-2-494069-49-7_110
ID  - Setiawati2022
ER  -