Summary: | The research was aimed at identifying the main obstacles and obstacles factor in
the effort to extend the Right of common-Building on Klender apartment unit, the
problems emerging from such obstacles and solution to solve them.
This research was trait to juridical-empiric, to answer the aforementioned
problems, the research required primary data from respondents and resource persons, as
well as secondary data from laws and regulation and literature related to land affairs and
apartment to support the existing primary data. Both data were analyzed using
descriptive-analytical methods in order to obtain description and explanation regarding
the problems.
The research result indicated, that the main obstacles to extend the Right of
common-Building was the loss of Master Certificate of the Right to Common-Build
Number 493/Malaka Sari and also uncertainty rights of the land as public facilities and
social facilities on Klender apartment. Others obstacles factor are many institution that
should be involved on extend the Right of common-Building on Klender apartment,
conflict of interest on extend the Right of common-Building and re-registered the Right
of Strata Title Ownership, the lack of understanding of rights and obligation by the
owners on the Right of common-Building.
Those obstacles arise problems such as indication of legal intrusion in land
administration, and the concept of �Commercial Land� that potentially turn into legal
problems in the future, and the risk related to the age and maintenance of the building.
All the institution that have jurisdiction on apartemet land rights sould find a right
solution to solve the problems. The issuance and extension of the Substitute Certificate
of the Right to Build Number 2834/Malaka Sari is the temporary solution to the
existence of Klender apartment amids the need of providing housing for the owners /
occupants in the city.
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