Open AccessCriticizing apartment ownership regulation in Indonesia
Author(s) -
Putri Purbasari Raharningtyas Marditia,
Andrew David Hasiholan,
Valencia Wijaya
Publication year - 2022
Publication title -
international journal of research in business and social science
Language(s) - English
Resource type - Journals
ISSN - 2147-4478
DOI - 10.20525/ijrbs.v11i1.1684
Subject(s) - apartment , statutory law , business , certificate , normative , law , leasehold estate , civil law (civil law) , unit (ring theory) , conceptual framework , law and economics , sociology , political science , commercial law , social science , algorithm , computer science , mathematics education , mathematics
Housing is a basic necessity, yet land availability is limited. This phenomenon urges residents to resort to vertical living and developers to provide vertical housing. The escalation of the vertical housing market has raised potential issues, particularly the use of strata titles in commercial properties advertisement. Strata title is proof of apartment unit ownership which has been widely recognized in the common law system. Meanwhile, Indonesia as a country that adheres to the civil law system regulates apartment ownership based on SHMSRS or Certificate of Apartment Ownership. This practice will result in legal consequences in the ownership status. Hence, this research is carried out by comparing the concept of strata title in the civil law and common law legal systems through a normative juridical methodology based on a statutory and conceptual approach. This study strives to differ strata title and SHMSRS concept to provide a comprehensive knowledge of apartment ownership and prevent legal problems from surfacing in the future.