Legal protection for the Holder of Strata-Title Certificate on Shared-Land from the Perspective of Legal Certainty
DOI:
https://doi.org/10.18533/journal.v7i5.1383Keywords:
legal protection, strata-title holder, shared-land certificate, apartment, legal certaintyAbstract
This study uses the normative juridical method with secondary data as the main source which is supported by primary data. Primary data is data obtained directly from resource persons who are considered to know all the necessary information in research. Interview method is used in collecting primary data by interviewing some respondents about the facts that exist and opinions of respondents. Sources of data are grouped into three materials include primary legal materials, secondary legal materials, tertiary legal materials. The data collection techniques are completed through library research (books and information) that discuss the issues being studied and some court decisions.
The results of this study indicate that Law no. 20 of 2011 concerning apartment has not set firmly and detailed, regarding the subject of the transfer of shared-land titles. Thus, in this study, it can be concluded that the transfer of the shared-land titles does not have legal certainty to whom to switch, whether on behalf of the Association of apartment resident, or under the name of developer. The suggestion is that an amendment to Law no. 20 of 2011 should be carried on as a form of explicit regulation for the shared-land title transfer procedure to create legal certainty for SHMRS holders regarding the land transition process.
Keywords: legal protection, strata-title holder, shared-land certificate, apartment, legal certainty
Downloads
Published
Issue
Section
License
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
