MEKANISME PENERBITAN AKTA PEMISAHAN RUMAH SUSUN SEBAGAI ALAS HAK LAHIRNYA SHM SARUSUN/SKBG SARUSUN BERIKUT PERALIHAN DAN PEMBEBANANNYA
Abstract: Deed of High-Rise
Separation is an important stage in the development and ownership of high-rise
because deed of separation is proof of high-rise separation upon high-rise
units, mutual parts, mutual objects and mutual land with clear report in the
form of drawings, descriptions and boundaries in vertical and horizontal
directions which containing proportional comparison value. Proportional
comparison value is very important for the owner of high-rise unit because it represents
the owner’s rights and obligations on ownership, maintenance and management of such
high-rise. Proportional comparison value is a number that indicates the ratio
high-rise unit towards the rights over mutual parts, mutual objects and mutual
land, calculated based on total area and value of the concerned high-rise unit
towards the building total area or the high-rise overall value at the first
time the developer calculates its overall development cost to determine its
selling price. In relation to the issue of deed of separation, some problems
raised as follow; firstly, its legal consequences if there is changes on
building plan in further stage during the high-rise development which results
in changes on proportional comparison value of the Deed of High-Rise
Separation, and secondly, whether strata unit and Strata title / Building title
can be used as credit security and how is the implementation of partial
revocation mortgage in high-rise construction credit. A research is designed as
normative legal research in order to respond those problems by using 2 types of
approaches that consists of: The Statue Approach and The Legal Content Analitical
Approach. The legal materials analyzed herein are primary legal material and secondary
legal material, arranged descriptively and systematically. Research shows that
it is possible for the high-rise developer to change the building plan provided
that before making any changes on the building plan, it must inform such
changes to the Association of High-Rise Residents and also has received
approval from the Association of High-Rise Residents, especially if such
changes result in changes of the high-rise comparison value. High-rise and
high-rise unit can also be used as debt security through Mortgage/Fiduciary Institution,
which allows the developer to pledge the high-rise for construction credit, in
which the high-rise unit that has been fully paid by its owner can be released
from the credit security of high-rise construction, thus the high-rise owner
may then transfer their high-rise unit for credit security of apartment
ownership (KPA) as well as other financing credit security.
Keywords: Deed of Separation;
Proportional Comparison Value; Mortgage/Fiduciary Credit
Penulis: DESY EKA WIDYANTARI
Kode Jurnal: jphukumdd120117
