Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

Research Article

Formulation of a Certification Agency for Buildings without Land Rights Based on the Principle of Horizontal Separation (Comparison to Japan)

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  • @INPROCEEDINGS{10.4108/eai.29-6-2021.2312625,
        author={Lilawati  Ginting and Tan  Kamello and Muhammad  Yamin and Ok  Saidin},
        title={Formulation of a Certification Agency for Buildings without Land Rights Based on the Principle of Horizontal Separation (Comparison to Japan)},
        proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICOLEG},
        year={2021},
        month={10},
        keywords={certification building horizontal separation principle},
        doi={10.4108/eai.29-6-2021.2312625}
    }
    
  • Lilawati Ginting
    Tan Kamello
    Muhammad Yamin
    Ok Saidin
    Year: 2021
    Formulation of a Certification Agency for Buildings without Land Rights Based on the Principle of Horizontal Separation (Comparison to Japan)
    ICOLEG
    EAI
    DOI: 10.4108/eai.29-6-2021.2312625
Lilawati Ginting1,*, Tan Kamello1, Muhammad Yamin1, Ok Saidin1
  • 1: Universitas Sumatera Utara
*Contact email: lilawati.ginting@gmail.com

Abstract

This research discusses the proof of building ownership based on the principle of horizontal separation. Is it possible for the Government of Indonesia to create a special agency for building certification without land rights? The Indonesian agrarian law adheres to the principle of horizontal separation, where a party can construct a building on land owned by another. To be able to protect their rights, the owner of the building requires proof of ownership that is separate from the proof of land ownership on which the building stands. As building is classified as immovable property namely object adhered to the soil, a written proof (certificate) is required as proof of ownership. This is normative descriptive research. The results show that the Indonesian government can establish a special agency for building certification without land rights, such as the National Land Agency (NLA) to ensure that buildings without land rights can possess legal certainty which enables them to be used as collateral.