Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia

Research Article

Ownership of Apartment Unit Ownership Rights Over Building Use Rights by Foreigners in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.28-10-2023.2341767,
        author={Evita Isretno Israhadi and P.  Windraji},
        title={Ownership of Apartment Unit Ownership Rights Over Building Use Rights by Foreigners in Indonesia},
        proceedings={Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={12},
        keywords={land ownership; apartment units; foreigners},
        doi={10.4108/eai.28-10-2023.2341767}
    }
    
  • Evita Isretno Israhadi
    P. Windraji
    Year: 2023
    Ownership of Apartment Unit Ownership Rights Over Building Use Rights by Foreigners in Indonesia
    MIC
    EAI
    DOI: 10.4108/eai.28-10-2023.2341767
Evita Isretno Israhadi1, P. Windraji1,*
  • 1: Universitas Borobudur
*Contact email: windraji94@gmail.com

Abstract

This text will examine the ownership of apartment units on Building Use Rights land for foreigners as a strengthening of the principle of horizontal separation. Ownership of such apartment units for foreigners does not include the land. This research uses a normative juridical study strategy. The outcomes show that currently in national land law foreigners are allowed to have ownership rights to apartment units built on Building Use Rights. Such arrangements are based on the principle of land ownership in Indonesia which adopts customary law, namely the principle of horizontal separation. Horizontal separation teaches that land ownership is not necessarily the owner of the plants growing on the land. For foreigners who have ownership rights to apartment units above Building Use Rights, this does not include joint land ownership. Joint land ownership is only given to Indonesian citizens. As a result, there is an imbalance of rights and obligations between Indonesian citizens and foreigners regarding apartment ownership. Foreigners who do not have rights to shared land can enjoy all the facilities of an apartment like Indonesian citizens. There needs to be special regulations regarding ownership rights for apartment units over building use rights for foreigners so that there is a balance of rights and obligations between Indonesian citizens and foreigners.