Housing and settlement are the basic needs of every human being. As the population grows, while the available land is very limited, the construction of houses is made of terraced or what we know as flats. Flats construction is one alternative solution to the problem of housing and settlement needs, especially in urban areas whose population continues to increase, because the construction of flats can reduce land use, make city open spaces more spacious and can be used as a way for urban renewal. for slums.
A. Introduction
In the end, there are many flats that have surfaced on the surface, this is due to the high infestation of flats that are not accompanied by legal knowledge related to flats in the wider community, actually the arrangement of flats has a pretty basic difference with the construction of residential houses with land on private ownership.
Housing and settlement are the basic needs of every human being. As the population grows, while the available land is very limited, the construction of houses is made of terraced or what we know as flats. Flats construction is one alternative solution to the problem of housing and settlement needs, especially in urban areas whose population continues to increase, because the construction of flats can reduce land use, make city open spaces more spacious and can be used as a way for urban renewal. for slums. Through this short article the author tries to see the problem of flats from the legal aspect in Indonesia.
B. Regulation of Flats in Indonesia
In Act Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA) it is not specifically mentioned regarding flats, because in Article 16 of the BAL it reads as follows:
right of ownership;
Cultivation Rights;
building rights;
usage rights;
rental rights;
land clearing rights;
the right to collect forest products;
other rights that are not included in the rights mentioned above which will be stipulated by law as well as temporary rights as mentioned in Article 53.
The land rights are based on article 4 paragraph (1) of the BAL which reads “on the basis of the right to control from the State as referred to in Article 2, there are various rights to the surface of the earth, called land, which can be granted to and owned by people both alone and together with others and legal entities ”
Indonesia currently has laws and regulations governing flats, namely Law Number 16 of 1985 concerning Flats. The definition of flats according to Article 1 number 1 is “high rise buildings that are built in an environment, divided into functionally structured sections in horizontal and vertical directions and are units which can each be owned and used separately, especially for residential areas, which are equipped with shared parts, shared objects, and shared land “.
According to the Flats Act, flats can only be built on privately owned land, building rights, use rights on State land or management rights in accordance with applicable laws. For flats that are built on land controlled by management rights, must first complete the status of the building rights before selling the apartment units concerned [1].
Flats can be owned either by individuals or legal entities that meet the requirements as holders of land rights, and to achieve orderly administration of land and provide certainty and legal protection to owners of rights to flats, then in accordance with Article 9 paragraph (1) as proof of ownership of the unit flats issued certificates of ownership.
Ownership rights for flats can be transferred by inheritance or by transferring rights in accordance with applicable legal provisions, in which the transfer of rights is carried out with the deed of the Acting Officer for Land Deed (PPAT) and registered at the Agrarian Office / Regency / Municipality Land Agency. concerned [2]. The transfer of rights with inheritance is the transfer of rights that occurs due to the law with the death of the testator, while the transfer of rights can be through the sale and purchase, exchange and grants.
Based on Article 12 of the Flats Act, the apartment along with the land on which the building stands and other objects that are an integral part of the land can be used as collateral for a debt with mortgages or fiduciary rights. Can be burdened with mortgage rights if the flats are built on land for ownership or use rights of buildings, and fiduciary burden if built on land.
C. Principles and Direction of Flats Construction
Housing is one of the important elements in the area development strategy which involves broad aspects in the field of population, and is closely related to economic development and social life in the context of strengthening National Resilience. From the foregoing, it is clear that housing is a national problem whose impact is felt throughout the country, especially in rapidly developing urban areas.
Housing and settlement are the basic needs of every human being. As the population grows, while the available land is very limited, the construction of houses is made of terraced or what we know as flats. Flats construction is one alternative solution to the problem of housing and settlement needs, especially in urban areas whose population continues to increase, because the construction of flats can reduce land use, make city open spaces more spacious and can be used as a way for urban renewal. for slums.
The construction of flats is based on the principles of general welfare of justice and equity, as well as harmony and balance in life. The principle of general welfare is used as a foundation for the construction of flats with the aim of realizing physical and mental welfare for all Indonesian people fairly and evenly based on the Pancasila and the 1945 Constitution of the Republic of Indonesia through meeting the need for housing as a basic need for every Indonesian citizen and his family.
The principles of justice and equity provide a foundation so that the construction of flats can be enjoyed equally, and each citizen can enjoy the results of decent housing development. The principle of harmony and balance in life requires harmony and balance between interests in the use of flats, to prevent social inequalities.
The policy direction of the construction of flats in Indonesia as stated in Law Number 16 of 1985 concerning Flats contains 3 (three) main elements, namely:
The concept of spatial planning and urban development, by optimizing land use and realizing settlements with population density;
The concept of legal development, by creating new material rights, is a unit of flats that can be owned individually by joint ownership of objects, parts and land and creating a new legal entity namely the Association of Residents, which with its articles of association and by-laws can act outward and outward. in the name of the owner of the apartment unit, authorized to bring order and peace in the life of the apartment;
The concept of economic development and business activities, with the possibility of construction credit with the imposition of mortgages or fiduciary land and buildings that are still being built.
Read too : The BPJS Bill in the Political Domain
From the description above, the general policy of housing development is directed to:
meet the needs of decent housing in a healthy environment, fairly and evenly, and able to reflect the lives of people who have Indonesian personality.
realize harmonious and balanced settlements, in accordance with urban and regional spatial patterns and land use that is efficient and effective.
In the General Explanation of Law Number 16 of 1985 concerning Flats, it is stated that the construction of flats is intended primarily for residential areas, especially for low income earners. However, the construction of flats must be able to realize complete and functional settlements, so that another multi-storey building is needed for non-residential purposes which is especially useful for the development of a weak economy.
Flats construction requires stricter technical and administrative requirements. To ensure the building safety, security, and peace and order of occupancy, and harmony with the surrounding environment, the apartment units can only be inhabited after obtaining a permit to be inhabited from the relevant Regional Government in accordance with applicable laws and regulations. The residents of the apartment unit (Sarusun) cannot avoid themselves or give up their need to use shared parts, shared objects, and shared land, because as a whole they are complementary functional needs.
D. Closing
From the above description, several conclusions can be drawn regarding the legal position of the apartment in Indonesia, namely:
- Arrangements regarding flats are regulated by Law Number 16 of 1985 and Government Regulation Number 4 of 1988, which stipulates the construction of flats and the procedures for ownership and transfer.
- Understanding Flats is a multi-storey building that is built in an environment, which is divided into functionally structured sections in horizontal and vertical directions and are units that can each be owned and used separately, especially for residential areas, which equipped with shared parts, shared objects, and shared soil.
- Ownership rights for flats can be used as collateral for debts, namely:
Imposition of ownership certificates with Mortgages / Mortgage Rights if the flats are built on land ownership rights and building rights;
Fiduciary imposition if the flats are built on land use rights on State land.
BIBLIOGRAPHY
The 1945 Constitution of the Republic of Indonesia.
Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, (State Gazette of the Republic of Indonesia of 1960 Number 104, Supplement to the State Gazette of the Republic of Indonesia Number 2043).
Law Number 16 of 1985 concerning Flats, (State Gazette of the Republic of Indonesia of 1985 Number 75, Supplement to the State Gazette of the Republic of Indonesia Number 3318).
Government Regulation Number 4 of 1988 concerning Flats, (State Gazette of the Republic of Indonesia Number 7 of 1988, Supplement to the State Gazette of the Republic of Indonesia Number 3372).
[1] Article 7 paragraph (1), Law Number 16 of 1985 concerning Flats.
[2] Article 10, Ibid.
Source: http://ditjenpp.kemenkumham.go.id/umum/1424-kedempat-hukum-rumah-susun-di-indonesia.html