Abstract
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.
Highlights
The common knowledge regarding legal certainty of land ownership in Indonesia has made conventional houses as the favorite residence for Indonesian citizen
It is not surprising that investment become a reason for Indonesian citizen to purchase properties (Yuniyanti, 2020; Khotimah, 2018; Martin et al, 2019; Sujana et al, 2019)
Primary legal sources are actual sources of law, namely, laws and court decisions and regulations related to Strata Title: A Comparative Study on Apartment Ownership in Civil Law and Common Law Legal Systems
Summary
The common knowledge regarding legal certainty of land ownership in Indonesia has made conventional houses as the favorite residence for Indonesian citizen. SHMSRS as regulated in Article 1 number 11 of Law Number 20 of 2011 concerning Flats (referred to as Law 20/2011) is proof of ownership of an apartment unit on land with property rights, building usage rights, or usage rights both on state land and land management rights (Sanjaya, 2018; Fauziana et al, 2018; Palmer et al, 2018). The method that is used is normative legal research through Strata Title: A Comparative Study on Apartment Ownership in Civil Law and Common Law Legal Systems. Primary legal sources are actual sources of law, namely, laws and court decisions and regulations related to Strata Title: A Comparative Study on Apartment Ownership in Civil Law and Common Law Legal Systems. The approach used by the author for this legal writing in this study is a statutory approach (the statute approach)
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