Legal protection for the Holder of Strata-Title Certificate on Shared-Land from the Perspective of Legal Certainty

Authors

  • Suyono Sanjaya Universitas Islam Asyafi'iyah

DOI:

https://doi.org/10.18533/journal.v7i5.1383

Keywords:

legal protection, strata-title holder, shared-land certificate, apartment, legal certainty

Abstract

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

Author Biography

Suyono Sanjaya, Universitas Islam Asyafi'iyah

Doctoral Program of Law

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Published

2018-05-12

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