The Principle of Horizontal Separation in the Sale and Purchase of Land which Contains a Building Rental Agreement

Abstract

One example of a legal action that occurs as a result of the principle of horizontal separation is someone who rents out the building only, then sells the land. Normatively, applying the principle of horizontal separation is legal. However, in practice in the field it causes problems, especially for buyers of land objects whose building leases are still for a long period of time.This research aims to describe the application of the principle of horizontal separation in the sale and purchase of land where there is a building lease agreement and legal protection for buyers of land objects on which there is a building lease agreement. This type of research is called library research. The approach used in this research is a normative approach. Data collection techniques include secondary data resulting from library studies which aim to obtain concepts, theories, as well as information and conceptual thinking, both in the form of laws and other scientific works. Meanwhile, the data analysis is descriptive. The results of this research indicate that legal actions regarding land do not necessarily include legal actions regarding buildings and plants on them. The existence of the principle of horizontal separation is a legal loophole to deceive several parties. Someone could sell the land, but the building is still rented to another party. Therefore, the criteria for the principle of horizontal separation of land and/or buildings are important to know and ensure as a basis for providing legal protection to buyers. If a legal action on land is intended to cover buildings and plants on it, then this must be stated expressly in a deed proving the implementation of the legal action.