Legal Review of Foreign Ownership Restrictions the Apartments and Units Flats in Indonesia

Abstract

As a rule of law and in accordance with the principles espoused by the national Land Law as well as the mandate of Article 33 paragraph (3) of the 1945 Constitution, Indonesia has policies and rules, especially relating to the ownership of land and material, in which all the land in the territory of the Republic of Indonesia are the property of the nation Indonesia is assigned to the command of the State Republic of Indonesia to be used for the greatest prosperity of the people of Indonesia. Therefore, foreign ownership of property in Indonesia is limited by the ownership of the property with the base right of the right of use (hak pakai). With a base such rights allow foreigners to own apartments or flats units. This is possible because of the principle of horizontal separation. Based on this study intended to examine why the land policy to limit foreign ownership of the apartment and the flats units. For his research and writing is made and prepared by the method of juridical normative research that uses qualitative analysis of data derived from primary legal materials, secondary legal materials relating to the ownership and foreign ownership restrictions on apartments and flats units. This study approaches the law (Statute approach) is done by reviewing some laws and other regulations relevant to the provisions, rules and restrictions on foreign ownership of apartments and flats units in Indonesia.