Legal Aspects of Condotel Ownership for Property Investment in Indonesia

DOI

10.2991/978-2-494069-93-0_46How to use a DOI?

Keywords

Condotel Ownership; Property Investment

Abstract

The rapid development of housing is in line with the development of tourism areas, as well as efforts to increase the usability and functionality of land as building procurement to improve the quality of life for densely populated areas with limited land. Development in Indonesia is directed at high-rise buildings or hotel condominiums (condotel). Condotel built in a tourism area supports increased investment. Condotel is a multi-storey building that is built in an environment that is divided into functionally structured parts in horizontal and vertical directions, which are called units and every each units can be owned and used separately, equipped with shared parts, objects, and land, it can also be used as a star rated hotel. What are the legal aspects of condotel ownership as investment property in Indonesia based on Act No. 20 of 2011 concerning Flats. This research uses normative law with descriptive analysis research with secondary data. Ownership of condotel in Indonesia is a mixture of flats and hotels which are subject to the regulations of the Flats Law, but it functions as hotels. Based on the non-compliance by developer to the provisions of Article 29 Paragraph 2, Article 50, and Article 74-75 Act No. 20 of 2011, the Central Government and Regional Governments seem to ‘allow’ this non-compliance behavior. On the basis of that reasons, for the sake of legal certainty and guarantee of legal protection for the investment climate in the condotel special property sector to enforce the rules and provide strict sanctions for parties who do not comply in accordance with what is mandated by the Flats Law. To support investment in the property sector in Indonesia, the Central Government needs to make a special policy for the construction of Non-Residential Flats (Condotel).

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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TY  - CONF
AU  - Elsi Kartika Sari
PY  - 2023
DA  - 2023/01/25
TI  - Legal Aspects of Condotel Ownership for Property Investment in Indonesia
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 384
EP  - 389
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_46
DO  - 10.2991/978-2-494069-93-0_46
ID  - Sari2023
ER  -