Abstract
The long term goal of this research is to establish a new legal system that is the law of the buildings by releasing it from dependence on the legal regime of the land by addressing the housing backlog, realizing the concept of welfare state to provide housing for Low-Income People (LIP), and a legal and political framework law housing for the people. Furthermore, the specific targets of this study are: to identify the needs of low-income housing technically, economically and socially appropriate, and to design a development model low-income housing legal system is technically, socially and economically adjusted. Methodology of research was social judicial approach, which is the data sources explored through literature studies, interviews, and questionnaires. The actual data collected from LIP in West Java and Jakarta of Indonesia were selected purposefully; The government as the main responsible in the construction of houses for the people's business; such as business agents, public housing developers, and private agencies, those are stakeholders housing and implementation has a considerable role in the construction of houses for the people. Finally, the research has some findings: (1) The development of the legal system of housing up to this research still requires a paradigm shift, both the housing and settlement, as well as the ownership of homes and buildings. The paradigm change shall include the link between home ownership and buildings according to the government, legislation, and society as a user. It was not easy to introduce new life patterns for Indonesian people who are communal and still requiring an understanding in the form of socialization decent standard of low-income housing in terms of technical, economic and social. (2) In a legal perspective, the signal separation of ownership of houses and buildings already exist in the Housing Act, Building Law, Agrarian Law, and Law on Housing and Settlement Region. For a government that will come very important paradigm shift in the Development of housing for LIP. (3) Model development of the construction of houses for the LIP which has been caused by the government's failure who does not have a blueprint for the construction of housing for the LIP, the Development low-income housing cannot be done solely by the technical approach, it also has to do with legal approach to the application of the principle of horizontal separation which can be a way out in the house construction of low-income people. (4) The provision of housing for the LIP should be considered the feasibility of residential house technically, economically and socially.
Highlights
The issue of land acquisition, provision of land, or the land acquisition still requires an extensive roadmap http://ijasos.ocerintjournals.org 1094throughout the system of land law in Indonesia
For a government that will come very important paradigm shift in the Development of housing for Low-Income People (LIP). (3) Model development of the construction of houses for the LIP which has been caused by the government's failure who does not have a blueprint for the construction of housing for the LIP, the Development low-income housing cannot be done solely by the technical approach, it has to do with legal approach to the application of the principle of horizontal separation which can be a way out in the house construction of low-income people
In any event of land acquisition process either by the way of release, transfer or compensation and land consolidation will involve many factions which is called with stakeholders with interests, even stakeholders without interests, such as NGOs, lands’ agencies, hooligans, brokers, or in local term known as Biyong (West Java) or Tukang Pakang (Malay), Calo, and other terms in accordance with the area
Summary
The issue of land acquisition, provision of land, or the land acquisition still requires an extensive roadmap http://ijasos.ocerintjournals.org 1094. In any event of land acquisition process ( known as land attainment) either by the way of release, transfer or compensation and land consolidation will involve many factions which is called with stakeholders with interests, even stakeholders without interests, such as NGOs, lands’ agencies, hooligans, brokers, or in local term known as Biyong (West Java) or Tukang Pakang (Malay), Calo, and other terms in accordance with the area They are who classified as "stakeholders without interests", just as the cause of the land acquisition program becomes deadlocked and failed to the projects were being neglected, backward or at least delay for a long time. From some problems and problems of land acquisition as mentioned above, the many people who missed the presence of the institutions that can provide a way out for the acquisition of lands for the construction of infrastructure, housing and settlements, including investment
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