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TINJAUAN YURIDIS KEDUDUKAN HAK PEMILIK RUMAH PERUMAHAN KURNIA DJAJA ALAM (STUDI: LAHAN HAK PENGELOLAAN BADAN PENGUSAHAAN BATAM)
This research is motivated by the characteristics of the land system in Batam City, which differ from other regions in Indonesia. Most of Batam's land area is under Management Rights (HPL) managed by the Batam Development Authority (BP Batam), which implements state authority in land management. In practice, residents who own homes in residential areas, including Kurnia Djaja Alam Housing, generally hold Building Use Rights (HGB) over land owned by BP Batam. This situation raises various legal issues, particularly regarding the legal status of the parties within the land ownership structure, the legal consequences arising from HGB status over HPL, and the process of transferring land rights from BP Batam to homeowners. Furthermore, there is still a lack of public understanding regarding the characteristics of HGB over HPL and their legal implications for long-term homeownership. This research aims to analyze the legal status of the parties in the Management Rights (HGB) control of the Kurnia Djaja Alam Housing estate, the legal consequences arising from the ownership of land and building rights, and the process of transferring land rights from the Batam Development Authority to homeowners. This study uses a normative legal research method with a statute approach, a conceptual approach, and a theoretical approach. The research data were obtained through a literature review consisting of primary legal materials, secondary legal materials, and tertiary legal materials, then analyzed qualitatively using a deductive method of drawing conclusions. The research results show that the legal status of the parties in the land ownership structure at Kurnia Djaja Alam Housing Complex is hierarchical: the state holds the State Control Rights, the Batam Free Trade Zone Authority (BP Batam) holds the Management Rights, the developer holds the main Building Use Rights (HGB), and the homeowner holds the individual Building Use Rights (HGB). The resulting legal consequences create different rights and obligations for each party, including land management obligations by BP Batam, development and transfer obligations by the developer, and maintenance and extension obligations by the homeowner. The land rights transfer process progresses through the stages of land allocation by BP Batam to the developer, granting the HGB (Land Use Rights), housing construction, splitting the main certificate, and issuing the HGB certificate in the homeowner's name. This research concludes that although homeowners do not hold Ownership Rights (Hak Milik), as is common in other regions, home ownership through HGB over HPL remains a legitimate form of land ownership recognized by national agrarian law. Therefore, increased legal certainty and public education regarding the characteristics of HGB over HPL are needed to provide optimal legal protection for homeowners in Batam City.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
TINJAUAN YURIDIS KEDUDUKAN HAK PEMILIK RUMAH PERUMAHAN KURNIA DJAJA ALAM (STUDI: LAHAN HAK PENGELOLAAN BADAN PENGUSAHAAN BATAM) (Text)
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