MEKANISME PENERBITAN AKTA PEMISAHAN RUMAH SUSUN SEBAGAI ALAS HAK LAHIRNYA SHM SARUSUN/SKBG SARUSUN BERIKUT PERALIHAN DAN PEMBEBANANNYA

Abstract

Deed of High-Rise Separation is an important stage in the development and ownership of

high-rise because deed of separation is proof of high-rise separation upon high-rise units, mutual

parts, mutual objects and mutual land with clear report in the form of drawings, descriptions and

boundaries in vertical and horizontal directions which containing proportional comparison value.

Proportional comparison value is very important for the owner of high-rise unit because it

represents the owner’s rights and obligations on ownership, maintenance and management of

such high-rise. Proportional comparison value is a number that indicates the ratio high-rise unit

towards the rights over mutual parts, mutual objects and mutual land, calculated based on total

area and value of the concerned high-rise unit towards the building total area or the high-rise

overall value at the first time the developer calculates its overall development cost to determine

its selling price. In relation to the issue of deed of separation, some problems raised as follow;

firstly, its legal consequences if there is changes on building plan in further stage during the

high-rise development which results in changes on proportional comparison value of the Deed of

High-Rise Separation, and secondly, whether strata unit and Strata title / Building title can be

used as credit security and how is the implementation of partial revocation mortgage in high-rise

construction credit.

A research is designed as normative legal research in order to respond those problems by

using 2 types of approaches that consists of: The Statue Approach and The Legal Content

Analitical Approach. The legal materials analyzed herein are primary legal material and

secondary legal material, arranged descriptively and systematically.

Research shows that it is possible for the high-rise developer to change the building plan

provided that before making any changes on the building plan, it must inform such changes to

the Association of High-Rise Residents and also has received approval from the Association of

High-Rise Residents, especially if such changes result in changes of the high-rise comparison

value. High-rise and high-rise unit can also be used as debt security through Mortgage/Fiduciary

Institution, which allows the developer to pledge the high-rise for construction credit, in which

the high-rise unit that has been fully paid by its owner can be released from the credit security of

high-rise construction, thus the high-rise owner may then transfer their high-rise unit for credit

security of apartment ownership (KPA) as well as other financing credit security.