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All Journal International Journal of Accounting, Management, Economics and Social Sciences (IJAMESC) Greenation International Journal of Law and Social Sciences
Lismanida
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Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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UNDERSTANDING THE DECISION OF THE CONSTITUTIONAL COURT NUMBER 90/PUU-XXI/2023 IN THE PERSPECTIVE OF CIVIL LAW AND COMMON LAW PERSPECTIVES Lismanida; Zainal Arifin
International Journal of Accounting, Management, Economics and Social Sciences (IJAMESC) Vol. 1 No. 6 (2023): Desember
Publisher : ZILLZELL MEDIA PRIMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61990/ijamesc.v1i6.129

Abstract

This research discusses the understanding of the Constitutional Court Decision Number 90/PUU-XXI/2023 in the perspective of Civil Law and Common Law. The decision has a significant impact on the Indonesian legal system, because it contains interpretations and implications that are relevant to both legal systems. significant differences which are then applied to adherent countries in accordance with the spirit of law enforcement. As for Indonesia, the use of the legal system is more inclined to the Civil law legal system even though it also implements several rules in the Common Law legal system, so that the application of the legal system in Indonesia is more suitable to be called prismatic. The results of this research are expected to contribute to the development of legal thinking in Indonesia and become an important reference for legal practitioners, academics, and policy makers in drafting or revising relevant laws.
Legal Reconstruction of Certainty of Ownership Rights for Apartment Units and Businesses in Superblock Management Through P3SRS Lismanida
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.696

Abstract

The development of vertical housing in the form of superblocks in urban areas has changed residential ownership patterns and given rise to increasingly complex legal issues. Superblocks not only combine residential and business functions but also place unit owners in a collective legal relationship that depends on land rights, the technical age of the building, and a joint management system. This study aims to analyze the level of protection and legal certainty surrounding superblock unit ownership based on applicable positive law, while also formulating a legal reconstruction model that can address the gap between norms and practices. The results show that the Apartment Law and related regulations do not fully guarantee the sustainability of ownership rights, especially after the building has passed its technical age. The dependence of apartment unit ownership rights on Building Use Rights (Hak Guna Bangunan) or Management Rights (Hak Pengelolaan) creates structural uncertainty that directly impacts unit owners. Furthermore, weak regulations regarding the transition and authority of the Apartment Unit Owners and Occupants Association (APOS) have led to developer dominance and prolonged management conflicts. This study proposes a legal reconstruction that positions PPPSRS (Regional Unit Owners Association) as the collective rights holder of unit owners, strengthens post-building age regulations through compensation schemes, redevelopment, and priority rights, and encourages harmonization between apartment, land, and consumer protection laws. The reconstruction is expected to create legal certainty, justice, and sustainable ownership of superblock units, while also restoring public trust in the vertical housing legal system in Indonesia.
Co-Authors Zainal Arifin