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INDONESIA
Indonesian Journal of Agrarian Law
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 31106633     DOI : https://doi.org/10.15294/jal
Core Subject : Agriculture, Social,
Agriculture, Biological Sciences & Forestry Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
The Indonesian Journal of Agrarian Law (ISSN 3110-6633), published by the Faculty of Law, Universitas Negeri Semarang, is a distinguished platform dedicated to the exploration, analysis, and discourse on key issues related to agrarian law in Indonesia and its global implications. This journal emphasizes the intersection of legal frameworks with agrarian practices, aiming to advance understanding and propose solutions for contemporary challenges in land governance, reform, and rural development.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 No. 1 (2024): March, 2024" : 5 Documents clear
Legal Gaps in Apartment Law: The Gading Nias Case and Urban Spatial Planning Challenges Gultom, Ruth Elita; Ikramuddin, Said
Indonesian Journal of Agrarian Law Vol. 1 No. 1 (2024): March, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i1.31075

Abstract

This paper investigates the legal complexities in implementing the Apartment law within the Gading Nias Residence, one of the largest and densest vertical housing complexes in North Jakarta. The Apartment law, which distinguishes between individual ownership of apartment units and collective ownership of common areas and land, has faced significant challenges in this context. These challenges include delays in the formation of the Association of Apartment Owners and Occupants (PPPSRS), conflicts between residents and developers, and ambiguity surrounding land rights, which has left many residents without legal certainty regarding their units. Through a normative legal approach, combined with empirical case studies, this research examines the relevant laws and regulations, as well as the practical legal issues encountered on the ground. The study also explores the broader implications of these legal challenges on urban spatial planning, with particular emphasis on zoning inconsistencies, infrastructure strain, and the relationship with the Agrarian Reform policy under Presidential Regulation No. 62 of 2023. The analysis identifies weak government oversight and legal indecisiveness in the implementation of collective land rights as key contributors to the legal issues in Gading Nias. The paper concludes by recommending enhanced government oversight, accelerated land rights certification, and increased legal awareness among residents as critical solutions. This research contributes to the development of more effective legal frameworks and governance structures for vertical housing in Indonesia, highlighting the urgency of addressing these gaps amid rapid urbanization.
Regulating Vertical Housing: Analysis of Indonesia’s Law No. 20/2011 in Kudus Urban Development Syahputra, Mohammad Firdaus
Indonesian Journal of Agrarian Law Vol. 1 No. 1 (2024): March, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i1.31076

Abstract

The development of flats in Kudus City is a solution to land limitations along with the increasing need for housing. This article analyzes the implementation of Law No. 20 of 2011 concerning Flats in a local context, including national regulations, implementation in the field, and the challenges faced. The results of the analysis show that the implementation of regulations in Kudus is not optimal due to the absence of special regulations, licensing obstacles, lack of legal education, and weak supervision. Strengthening of regional regulations, harmonization of central-regional policies, and increasing the role of government in socialization and supervision are needed in order to realize sustainable vertical housing.
Urban Order or Legal Disorder? The Jerakah Flats Case in Semarang City Planning Perdana, Dihyan Arga
Indonesian Journal of Agrarian Law Vol. 1 No. 1 (2024): March, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i1.31078

Abstract

Rapid population growth in Semarang City has prompted the government to develop vertical housing solutions in the form of flats as an alternative for low-income communities (MBR). This article analyzes the suitability of the Jerakah Flats development with the spatial planning principles stipulated in the Semarang City Spatial Plan (RTRW) and Regional Spatial Plan (RDTR), and evaluates the resulting social impacts on residents and the surrounding community. This article uses a normative juridical approach and sociological analysis to examine whether the Jerakah Flats development complies with zoning regulations and spatial efficiency principles, and the extent to which the project supports environmental sustainability. The resulting social impacts are complex, encompassing increased access to adequate housing, local economic opportunities, and challenges to social integration and equitable distribution of benefits. This study emphasizes the importance of inclusive and sustainable governance in vertical settlement planning in urban areas.
Apartment Ownership in Question: Legal Insights from Certificate-Based Cases in Rembang Suryaningtyas, Asri
Indonesian Journal of Agrarian Law Vol. 1 No. 1 (2024): March, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i1.31079

Abstract

This study aims to analyze the legal aspects of apartment ownership in Rembang Regency, with a particular focus on the implementation of ownership certificates. The background of this research stems from the growing urgency to develop vertical housing in areas with limited land and the importance of legal certainty for unit owners. The research problems addressed include the legal framework governing apartment ownership, the types of ownership certificates applicable, legal challenges in their application in Rembang Regency, and possible legal solutions. This research employs a normative approach and a case study of available apartment ownership certificates. The analysis reveals that although the legal framework—particularly Law Number 20 of 2011 concerning Apartments—is sufficiently established, its local implementation still faces obstacles, especially regarding legal literacy and access to certified land. Therefore, active involvement of local government is needed to facilitate land certification, conduct legal education for the public, and strengthen implementing regulations at the local level.
Mortgaging the Skies? Legal Status of Apartment Ownership in South Sumatra’s Financial Practices Sakti, Bima Bayu Putra; Ramli, Asmarani
Indonesian Journal of Agrarian Law Vol. 1 No. 1 (2024): March, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i1.31080

Abstract

The development of vertical housing needs such as flats in big cities, including in the South Sumatra Province, encourages the importance of legal certainty over ownership and utilization of flat units in the national financing system. The Certificate of Ownership Rights for Flat Units (SHM Sarusun) is recognized as a property right that can be used as an object of debt collateral by being burdened with Mortgage Rights. This provision is regulated in Law Number 20 of 2011 concerning Flats and Law Number 4 of 1996 concerning Mortgage Rights (UUHT), and is an implementation of Article 51 of the Basic Agrarian Law (UUPA). Article 27 of the UUHT explicitly states that the imposition of collateral rights on flats and ownership rights on flat units is possible and legally valid. This study highlights the implementation of these provisions in South Sumatra, emphasizing how banks in this region utilize SHM Sarusun as credit collateral in the form of Flat Ownership Credit (KPRS). In practice, financial institutions consider aspects of ease of binding, certainty of value, ease of execution, as well as supervision and maintenance of collateral objects. Therefore, flats built on shared land, with legal individual ownership rights, have become an effective collateral alternative in the financing system in South Sumatra. This study shows that SHM Sarusun not only has a social function as a residence, but also has a strong and relevant economic value in supporting legal and guaranteed financing access.

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