Criticizing apartment ownership regulation in Indonesia: A study of New South Wales and Netherlands

Putri P. R. Marditia, Andrew David Hasiholan and Valencia Wijaya
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Putri P. R. Marditia: Faculty of Law, Atma Jaya Catholic University, Jakarta, Indonesia
Andrew David Hasiholan: Faculty of Law, Atma Jaya Catholic University, Jakarta, Indonesia
Valencia Wijaya: Faculty of Law, Atma Jaya Catholic University, Jakarta, Indonesia

International Journal of Research in Business and Social Science (2147-4478), 2022, vol. 11, issue 1, 390-397

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. Key Words:apartment ownership; civil law; common law

Date: 2022
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