MAKNA TANAH BERSAMA DALAM PENGATURAN RUMAH SUSUN DITINJAU DARI HUKUM PERTANAHAN DI INDONESIA

Abstract

Ownership of a place to live is a basic right of citizens where the Government is obliged to provide it. One form of housing availability is the existence of flats as a solution to the increasingly limited spatial planning, especially in urban areas. In the norms for managing flats, there is a definition of shared land as one of the requirements for an apartment unit. The meaning of shared land is not sufficiently regulated regarding boundaries, conditions and position so that it can potentially violate the subjective rights of prospective buyers and legal uncertainty in the management of flats. The formulation of the problem in this paper is the legal certainty of shared land in the arrangement of flats and arrangement of joint land in the ownership of flats. This writing uses a normative juridical method with a statutory approach and a concept approach. The results of the research in this writing are that the position of shared land in the norms of apartment management does not provide legal certainty because there are no clear boundaries regarding land parcels with rights or leased land and joint land arrangements in apartment ownership preceded by the existence of a PPJB during the process of building flats and joint land included in the said PPJB before the deed of separation.