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All Journal Spektrum Hukum Legal Standing : Jurnal Ilmu Hukum
Udjan, Bernadeth Gisela Lema
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Law, Crime, Criminology & Criminal Justice

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Analisis Yuridis Kepemilikan Rumah Susun oleh Warga Negara Asing Dalam Mewujudkan Kepastian Hukum Sari, Retno Dewi Pulung; Udjan, Bernadeth Gisela Lema
Jurnal Spektrum Hukum PMIH UNTAG Semarang Vol 20, No 2 (2023): SPEKTRUM HUKUM
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v20i2.4359

Abstract

The issuance of Law Number 5 of 1960 concerning Basic Agrarian Regulations or what can be called UUPA is aimed at the welfare and prosperity of the Indonesian people. This policy is a form of protecting the rights of the Indonesian people which regulates ownership of flats. In its development, land in Indonesia has also followed developments with the existence of flats, namely residential places with vertical floors on a horizontal plot of land and consisting of units that can be owned and used by each owner individually as regulated in Law Number 20 of the Year 2011 concerning Flats. The regulations regarding flat ownership have been regulated in Law Number 6 of 2023 concerning Stipulation of Government Regulations instead of Law Number 2 of 2022 concerning Job Creation. However, there is legal uncertainty regarding these two laws and regulations so appropriate efforts are needed to realize legal certainty regarding ownership of flats by foreign citizens (WNA). The type of research that will be carried out is normative juridical research that uses a library study model. This research uses a statutory regulation approach. The literature study carried out by the author is on related literature which shows that there is legal uncertainty regarding the regulation of flat ownership by foreigners. Due to legal uncertainty, an ideal policy is needed to protect the rights of Indonesian citizens (WNI).
KEPEMILIKAN RUMAH SUSUN OLEH WARGA NEGARA ASING DALAM MEWUJUDKAN KEPASTIAN HUKUM Udjan, Bernadeth Gisela Lema; Sari, Retno Dewi Pulung
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8367

Abstract

This research aimed to critically analyze regulations regarding the ownership status of flats in realizing legal certainty. The research method used is normative juridical research using a library study model. This research uses a legislative regulation strategy. The research results show that the concept of apartment ownership, which has been regulated in statutory regulations, has different rules. The UUPA firmly states that only Indonesian citizens (WNI) have rights to land with the status of Ownership Rights, Business Use Rights, and Building Use Rights. In contrast, the Job Creation Law states that foreigners are allowed to have ownership of Building Use Rights (HGB) without changing the right becomes the Right to Use. However, Building Use Rights (HGB) can only be owned by Indonesian citizens, and ownership can be given to foreigners who have a residence permit with the requirement of completing the house shape criteria that the government itself has regulated.
KEPEMILIKAN RUMAH SUSUN OLEH WARGA NEGARA ASING DALAM MEWUJUDKAN KEPASTIAN HUKUM Udjan, Bernadeth Gisela Lema; Sari, Retno Dewi Pulung
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8367

Abstract

This research aimed to critically analyze regulations regarding the ownership status of flats in realizing legal certainty. The research method used is normative juridical research using a library study model. This research uses a legislative regulation strategy. The research results show that the concept of apartment ownership, which has been regulated in statutory regulations, has different rules. The UUPA firmly states that only Indonesian citizens (WNI) have rights to land with the status of Ownership Rights, Business Use Rights, and Building Use Rights. In contrast, the Job Creation Law states that foreigners are allowed to have ownership of Building Use Rights (HGB) without changing the right becomes the Right to Use. However, Building Use Rights (HGB) can only be owned by Indonesian citizens, and ownership can be given to foreigners who have a residence permit with the requirement of completing the house shape criteria that the government itself has regulated.
Co-Authors Sari, Retno Dewi Pulung