Legal Literacy - Learn all about Land Ownership Rights in Indonesia! Discover the definition, characteristics, entitled legal subjects, and how ownership rights can be revoked. Includes information about legal entities and limited liability companies.
Definition of Ownership Rights
In Article 20 paragraphs (1) and (2) Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA) explains that ownership rights are hereditary, the strongest and most complete, and are the core of other land rights, rights that can be owned by individuals on land, and rights that can be transferred and assigned to other parties.
Hereditary means that ownership rights do not only last during the lifetime of the person who has the right but can be continued by their heirs when they die.
Strongest means that the term of ownership rights is unlimited, and the owner has the broadest and most unrestricted authority in using their land.
Complete means that ownership rights give the person who has them the broadest authority compared to other rights. Ownership rights can be the parent of other rights, and ownership rights are based on other land rights. In terms of its designation, ownership rights are also unlimited.
The occurrence of ownership rights as referred to in Article 22 of the UUPA: ownership rights according to customary law are regulated by Government Regulation. In addition, ownership rights also occur due to government stipulations and statutory provisions.
Characteristics of Ownership Rights
- Can be used as collateral for debt by being burdened with mortgage rights;
- Can be pawned;
- Ownership rights can be transferred to other people, namely a legal act that is intentionally carried out to transfer ownership rights from the owner to another person, for example: sale and purchase, grants, wills, and ownership rights can be transferred due to a legal event;
- Can be released voluntarily;
- Can be endowed.
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