Legal Certainty for the Increase of HGB to Right of Ownership of Shops/Office Houses

Abstract

Ownership of land and residential houses is a fundamental human need after clothing, food, education, and health. This research aims to analyze the urgency of regulating the requirements of Article 151 Letter (e) of the Ministerial Regulation ATR/BPN RI Number 18 of 2021 concerning Procedures for the Determination of Management Rights and Land Rights as an alternative requirement for upgrading Building Use Rights (HGB) for shop houses and office houses to Ownership Rights. The research method used is normative legal research with a statute approach. The results show that harmonizing the regulation of upgrading requirements between Article 151 Letter (e) of the Ministerial Regulation ATR/BPN RI Number 18 of 2021 and Law Number 28 of 2002 on Building Construction can be achieved through vertical and horizontal harmonization. Vertical harmonization is carried out by evaluating and revising conflicting regulations, while horizontal harmonization is conducted through mediation between institutions or ministries to align regulations related to upgrading HGB.

Keywords

• Building Use Rights
• Building Ownership Rights
• Legal Certainty