Analisis Yuridis Perlindungan Hukum terhadap Pemilik Rumah Susun Hunian yang Dibangun di Atas Gedung dengan Fungsi Usaha

Abstract

Cosmo Park is a housing complex that appears like standard residential housing built on land and not multi-storied like condominiums, despite being constructed on a commercial building (a shopping mall). However, the title deed given for each unit is the Ownership Rights of a Condominium Unit. This situation conflicts with one of the objectives of Condominium Administration as formulated in Article 3 letter h of the Condominium Law, which aims to provide legal certainty in the provision, habitation, management, and ownership of condominiums. Based on this phenomenon, it is necessary to understand the legal certainty and protection for the owners of residential units in Cosmo Park, which is built on the Thamrin City mall. The issues in this thesis are: 1) What is the concept of land and building ownership rights for residential houses built on commercial buildings? 2) How is the legal certainty of certificates for residential houses built on commercial buildings? 3) How is the legal protection for owners of residential houses built on commercial buildings. This thesis employs a normative juridical research method, using literature research and interview guidelines as supporting data, analyzed qualitatively. The legal framework for the construction and ownership of residential houses built on commercial buildings begins with Law Number 28 of 2002 on Buildings. The Building Law also regulates the construction of condominiums, which is important as it addresses issues affecting not only the building owners but also the users and the community. To ensure legal certainty regarding condominiums, the regulation is found in Law Number 20 of 2011 on Condominiums. The concept of land and building ownership rights for residential houses built on commercial buildings is the ownership rights of a condominium unit. Legal protection for owners of residential houses built on commercial buildings can be pursued through legal channels in Indonesian courts. The provisions for dispute resolution in the field of condominiums are regulated in the Condominium Law.