PENGATURAN PEMBERIAN HAK GUNA BANGUNAN DI ATAS TANAH HAK MILIK

HABIB, S.H., M.Hum., 031317017326 (2017) PENGATURAN PEMBERIAN HAK GUNA BANGUNAN DI ATAS TANAH HAK MILIK. Disertasi thesis, Universitas Airlangga.

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Abstract

Prescribing grant of the Right to Build on the land under Ownership Right is basically encumbrance of the right over land carried out by the holder of the ownership right over his/her land. The grant of this kind of right is conducted under an agreement entered into by and between the holder of the ownership right and one who will be designated as a holder of the Right to Build. The agreement is laid down in a Deed prepared by Official of Drawing Land Deed. Legal issues of this dissertation would be legal principle of prescribing the right over land, legal principle of granting the right to build on the land under ownership right, and characteristic of the right to use on the land under ownership right. The type of this research is a legal research. This research employs statute approach, conceptual approach, and comparative approach. Primary and secondary legal materials are used in this research. From this research, three things are found. First, prescribing ownership right over land is based on several legal principles, i.e. original right principle, chief principle (prinsip induk), from which all titles are derived, individual right principle, principle of the highest private right, dynamic and elastic principle, the rule-of-law-state principle, legal certainty principle, justice principle, principle of recognition and legal protection, and principle of social function of land. Second, granting the Right to Build on the land under Ownership Right begins with preliminary agreement and drawing deed of granting the Right to Build on the land under Ownership Right. This grant is based on legal principles, which are freedom of contract, fiduciary principle, beneficial principle, proportional principle, and horizontal separation. Third, the characteristics of the Right to Build on land under the Ownership Right are that the right may be transferred and made over, it may be made collateral that encumbered by Security Interest on Land, and it may be voluntarily relinquished. The certificate of the Right to Build on land under the Ownership Right consists of copy of land book, copy of Deed of Grant of the Right to Build on land under the Ownership Right, and measurement certificate. The holder of the Right to Build on land under the Ownership Right has a priority right.

Item Type: Thesis (Disertasi)
Additional Information: KKB KK DIS.H.05/17 Hab p
Subjects: H Social Sciences > HD Industries. Land use. Labor > HD101-1395.5 Land use Land tenure
Divisions: 03. Fakultas Hukum > Dasar Ilmu Hukum
Creators:
CreatorsNIM/NIDN
HABIB, S.H., M.Hum., 031317017326UNSPECIFIED
Contributors:
ContributionNameNIDN/NIDK/NUP
ContributorSRI HAJATI, Prof. Dr., S.H., M.S.UNSPECIFIED
Depositing User: mrs hoeroestijati beta
Date Deposited: 30 Oct 2017 18:54
Last Modified: 30 Oct 2017 18:54
URI: http://repository.unair.ac.id/id/eprint/65105
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