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Problematic Position of Commanditaire Vennootschap as the Subject of Building Use Rights in Indonesia
Isdian Anggraeny, Nur Putri Hidayah, Dwi Ratna Indri Hapsari

UMM


Abstract

Structuring land ownership in Indonesia began in 1960 with the issuance of the Agrarian Basic Law. However, land issues are even more complicated as the global economy develops. Demands for the ease of obtaining land rights, especially from business entities, are increasingly high, including those from non-legal entities such as CV. This demand was also answered by the Government by issuing a Circular of the Minister of Agrarian and Spatial Planning / National Land Agency (ATR / BPN) Number 2 / SE-HT.02.01 / VI / 2019 concerning Granting of Right to Build Building for the Commanditaire Vennootschap. This paper tries to discuss two important things related to ownership of land rights by business entities that are not incorporated, specifically CV. First, what is the regulation of land tenure with the status of building rights in Indonesia? Second, how is CVs position as the subject holder of the use of buildings in Indonesia? Through normative juridical studies, conclusions are obtained as follows: First, land tenure arrangements with the status of building use rights in Indonesia have been carried out both through the Agrarian Basic Law and the regulations below, especially Government Regulation No. 40 of 1996 concerning Right to Cultivate, Right to Use, and Right to Use on the land. Second, there is a juridical problem regarding the position of CV as a non-building subject holder in Indonesia, since CV is not a Legal Entity that can own land rights.

Keywords: Commanditaire Vennootschap, Building Rights, Land

Topic: Private Law

Link: https://ifory.id/abstract/dmjZtz34qDwn

Conference: International Conference on Law Reform (INCLAR 2019)

Plain Format | Corresponding Author (Isdian Anggraeny)

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