Abstract
A state holds constitutional responsibility of embodying physical, psychological welfare, and social justice for all of its citizens. Developing apartments is one of the Indonesian government's policy to ensure the embodiment of these responsibilities. Regulation on apartment that adheres to horizontal separation principle (<em>Horizontale scheiding beginnsel</em>) still often leads to a range of legal issues. Accordingly, it is necessary to find out and comprehend the philosophical foundation of the coherence of regulations concerning apartment. The present study applied normative legal method with statutory and conceptual approaches. In practice, horizontal separation principle is not well-implemented and is not in line with the Basic Agrarian Law (BAL). Right of Ownership of an apartment unit (HMSRS) is a personal right and is separated from common right upon shared objects, parts, and land. This phenomenon can lead to legal issues, particularly when the secondary rights (i.e., right to use building or right to use upon the state land and right to use building or right to use upon the right to manage) are no longer extended. The implementation of horizontal separation has not provided a legal certainty for the community regarding apartment unit ownership. Accordingly, in order to provide legal certainties, the government should enact Government Regulation as further stipulation of Law no. 20 of 2011.
Highlights
Based on the General Stipulation I of Law no. 1 of 2011 on Housing and Resettlement Area, the state is responsible for protecting all Indonesian citizen through the provision of housing and resettlement area to allow the society to dwell in an affordable, proper house in a healthy, safe, harmonious, and continuous environment in the entire Indonesian territory.(Leonard, Pakpahan, Heriyati, Karjoko, & Handayani, 2020) As one of the basic needs, every family supposes to have a house, especially the lowincome community and those living in densely populated urban areas
Horizontal separation principle is associated with the provision of legal certainty of land and objects upon it.(Jatmiko et al, 2019) From legal perspective, the ownership right of apartment unit is based on, which is in line with the stipulation in article 1 paragraph (1) of Law no. 20 of 2011 asserting the presence of common ownership right upon common parts, objects, and land
The horizontal separation principle can be applied in Law no. 20 of 2011,(Iswantoro, Fatimah, Tahir, & Jaelani, 2020) the practice is not consistent with the horizontal separation principle regulated in Basic Agrarian Law (BAL)
Summary
Article 28H paragraph (1) of the 1945Constitution asserts that “Each person has a right to a life of well-being in body and mind, to a place to dwell, to enjoy a good and healthy environment, and to receive medical care.”(Abdul Kadir Jaelani, Ayu, Rachmi, & Lego, 2020) In this regard, from the constitutional perspective, the state is responsible for embodying physical and psychological welfare, as well as social justice for all of its citizens.(Abdul Kadir Jaelani, Handayani, & Karjoko, 2020)Based on the General Stipulation I of Law no. 1 of 2011 on Housing and Resettlement Area, the state is responsible for protecting all Indonesian citizen through the provision of housing and resettlement area to allow the society to dwell in an affordable, proper house in a healthy, safe, harmonious, and continuous environment in the entire Indonesian territory.(Leonard, Pakpahan, Heriyati, Karjoko, & Handayani, 2020) As one of the basic needs, every family supposes to have a house, especially the lowincome community and those living in densely populated urban areas. The implementation of horizontal separation has not provided a legal certainty for the community regarding apartment unit ownership.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
