KEPASTIAN HUKUM JUAL BELI TANAH DENGAN PRINSIP PEMISAHAN HORIZONTAL

Abstract

This study examines the transfer of land with the concept of the horizontal separation principle, there is a problem where the horizontal principle separates land ownership from buildings and/or plants on the land. If in the future there is a land dispute, there will be no legal certainty for the owner of the building on the land. This research uses normative juridical research. The formulation of the problem is whether buying and selling land using horizontal separation has provided legal certainty and how is legal protection for the parties related to the application of the horizontal principle. The results and discussion are that buying and selling land using the horizontal separation principle has not fully provided legal certainty because the principle of vertical attachment is still recognized in national land law and legal protection for those who apply the horizontal principle in the event of a dispute is to file a lawsuit as a legal remedy.