Pengaturan hukum yang ideal untuk kepemilikan satuan rumah susun oleh orang asing dalam kaitannya dengan investasi di Indonesia

Nugroho, Adrianus Agung (2024) Pengaturan hukum yang ideal untuk kepemilikan satuan rumah susun oleh orang asing dalam kaitannya dengan investasi di Indonesia. Doctoral thesis, Universitas Pelita Harapan.

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Abstract

Housing is a basic need of every human being. Human and urban development raises the problem of limited land, in response to this, the construction of houses in urban areas is made of vertical buildings or what are known as Apartment. Apartment can being owned by Indonesians also foreigners. Foreigners are permitted to own unit of apartment as regulated in the Law of Cipta Kerja no. 11 of 2020, Government Law no. 18 of 2021 about Hak Pengelolaan, Hak Atas Tanah, Satuan Rumah Susun dan Pendaftaran tanah and Minister of ATR and BPN no 18 tahun 2021 about Tata Cara Penerapan Hak Pengelolaan dan Hak Atas Tanah . Ownership of Apartment by foreigners is commonly associated with property business investment ventures being developed in Indonesia. The problems in this research dissertation are 1) What is the legal arrangement (ius constitutum) regarding ownership of flats by foreigners currently in Indonesia? 2) how is the implementation of legal arrangements regarding the ownership of flats by foreigners? 3). how is the ideal legal arrangement (ius constituendum) in the future for the ownership of apartments unit by foreigners related to the government's efforts to increase investment in the property business in order to support investment in? This study uses yuridis normative research methods which is supported by a limited empirical approach with interviews of related parties aimed at the statutory approach, conceptual approach and analytical approach. The results of the research show that 1) the rules governing the status of rights by foreigners domiciled in Indonesia are still in conflict with each other, so this isi make effect about the rule ow ownersip apartment unit by foreigner 2) the implementation of the legal regulations (ius operatum) regarding ownership of apartment units by foreigners as regulated by UUCK Law states that foreign nationals can have ownership rights over apartment units and there have been units that have been issued certificates of ownership rights over apartment units, but for shared land right (tanah bersama), according to the explanation of the PP, the rights to shared land are abolished and can arise again if sold to Indonesians, this raises doubts and injustice, the restrictions should be at the beginning of obtaining the rights or buying an apartment, not after ownership, not in accordance with the principles of certainty and justice. 3). The ideal legal Law (ius constituendum) in the future for ownership of apartment units by foreigners is linked to the government's efforts to increase investment in the property business sector in Indonesia, namely by revising the UUCK. and the regulation adapts the UUPA and the Apartments law in certain articles, special additions are made that support flat ownership for foreigners which has an element of legal certainty of justice and the correct hierarchy of law.
Item Type: Thesis (Doctoral)
Creators:
Creators
NIM
Email
ORCID
Nugroho, Adrianus Agung
NIM01657200005
Adrianlawyer80@gmail.com
UNSPECIFIED
Contributors:
Contribution
Contributors
NIDN/NIDK
Email
Thesis advisor
Soerodjo, Irawan
NIDN8873470018
irawan.soerodjo@lecturer.uph.edu
Thesis advisor
Gunanegara, Gunanegara
NIDN0319036703
gunanegara.fh@lecturer.uph.edu
Uncontrolled Keywords: apartment units ; foreigners ; investment ; ideal legal law
Subjects: K Law > K Law (General)
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Doctor of Law
Current > Faculty/School - UPH Karawaci > Faculty of Law > Doctor of Law
Depositing User: Adrianus Agung Nugroho
Date Deposited: 01 Oct 2024 07:52
Last Modified: 01 Oct 2024 07:52
URI: http://repository.uph.edu/id/eprint/65369

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