PEMBEBANAN JAMINAN BANGUNAN YANG BERBEDA KEPEMILIKAN DENGAN TANAH

Authors

  • Fransiskus S.A Bagung Universitas Narotama Surabaya, Indonesia
  • Khusnul Yaqin Universitas Narotama Surabaya, Indonesia

Keywords:

Imposition of collateral on buildings that have different ownership from land

Abstract

Land is one of the basic needs of human life. Control of land including buildings in terms of ownership of land rights is an important unit. This is because the national land law system adheres to the principle of horizontal separation. So regarding ownership of land and buildings on the land there may be differences in ownership rights. This research details and explores in depth the collateral charges for buildings that have different ownership from the land they are built on. In the context of property law, this phenomenon raises a number of complex issues, including ownership rights, sale and purchase agreements, building use rights, and legal and economic impacts on the various parties involved. This research involves case studies, comparative legal analysis, as well as economic approaches, with the aim of providing a more comprehensive understanding of these aspects. In addition, this research also explores solutions and best practices in managing collateral charges in different ownership scenarios, including comparisons of various jurisdictions and international property laws. Practical implications of the research findings include guidance for building owners, landowners, as well as policy makers and legal practitioners involved in property transactions involving different ownership. It is hoped that the results of this research will make a significant contribution to improving the understanding and practice of property law, and can help develop a more effective framework in dealing with this complex security imposition situation. This research is important in the context of strict property regulations and contract law in various jurisdictions, as well as facing the increasing complexity in property transactions involving many parties.

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Published

2023-11-01