Rationality of Ownership Rights of Simple Flat Units Owned Above Land Management Rights

ABSTRACT : As proof of ownership of the Rusunami unit built on land with management rights, a condominium unit SHM is issued. This condominium SHM shows the influence of the attachment principle in land law because the ownership of the Rusunami unit includes joint land ownership. Conceptually, the owner of the condominium SHM is also the owner of the common land rights. However, in reality, in cases such as the Kebon Kacang Rusunami, the ownership of the common land rights is still in the name of the developer of the flat. It turns out that the rights to the land where the condominium stands are derived from the land management rights owned by the development actors. The owner of the condominium SHM does not get the right to the shared land as it should, so there is no guarantee of the continuity of the rights to the land where the Rusunami stands. This paper aims to explain the arrangements regarding the ownership of Rusunami units on land with management rights and analyze the rationality of ownership rights for Rusunami units on land with management rights.

KEYWORDS: Rationality, Ownership Right of Simple Owned Flat Unit, Land Management Rights.