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Original Research

BASEMENT OWNERSHIP RIGHTS IN THE PERSPECTIVE OF INDONESIAN LAND LAW

IBRAHIM SUMANTRI 1, I GDE PANTJA ASTAWA 2, YANI PUJIWATI 3, and DADANG EPI SUKARSA 4.

Vol 18, No 02 ( 2023 )   |  DOI: 10.17605/OSF.IO/DSE4Q   |   Author Affiliation: Program Doktor Ilmu Hukum, Fakultas Hukum, Universitas Padjadjaran, Bandung, Indonesia 1,2,3.   |   Licensing: CC 4.0   |   Pg no: 717-726   |   Published on: 15-02-2023

Abstract

The regulation of utilization and the granting of rights to land plots is regulated in Government Regulation Number 18/2021 concerning Management Rights, Land Rights, Flats Units and Land Registration. The availability of land plots, especially in urban areas currently increasingly limited due to the high urbanization and population growth of urban areas, thus encouraging people to develop the use of basements. However, this utilization has not been accompanied by comprehensive arrangements to realize the objectives of the law. This research is legal research with a typology of normative legal research or doctrinal research with data sources obtained through document studies that are then analyzed juridically qualitatively. The results of the study concluded that the right to the basement according to the National Land Law can be owned based on the control of the land through the Right of the Indonesian Nation and the Right of Control of the State. But the problem now is that there is no legal policy that legalizes or recognizes that basements can be controlled under property rights. Therefore, in the future, there is a need for the legal politics of basement ownership rights according to the National Land Law.


Keywords

Land, Land Right, and Basement