LEGAL PROTECTION MODEL FOR OWNERS AND OCCUPANTS OF COMMERCIAL FLAT UNITS WITHOUT PROOF OF OWNERSHIP DURING THE TRANSITION PERIOD

Abstract

The phenomenon of handing over commercial apartment units without proof of legal ownership often occurs in urban areas in Indonesia. Many residents occupy units based only on the Minutes of Handover (BAST) and the Sales and Purchase Agreement (PPJB), without a Sale and Purchase Deed (AJB) or a Certificate of Ownership of the Apartment Unit (SHM Sarusun). This condition creates legal uncertainty and weak protection of the rights of owners and residents, especially during the transition period before the formation of the PPPSRS. The absence of proof of ownership also complicates dispute resolution and apartment management. This study discusses: (1) the validity of unit handovers without proof of legal ownership; (2) the developer's responsibility for management fees (IPL) during the transition period; and (3) a legal protection model that provides legal certainty for owners and residents without certificates. This study uses an empirical legal approach to explore the factual dynamics, practices, and perceptions of the parties, and analyzes them within the applicable positive legal framework. The purpose of this study is to formulate an effective and adaptive legal protection model to guarantee the rights of apartment owners and residents during the transition period. The research results show that the handover of units without AJB or SHM Sarusun does not fulfill the principles of legality and publicity in land law, and cannot be used as a basis for a legal transfer of rights. The responsibility for IPL payments during the transition period remains legally with the developer. As a solution, this dissertation proposes a dual-layer legal protection model based on contractual and regulatory principles, by proposing a scheme. Protection through certification, escrow accounts, and strengthening supervisory institutions. This model aims to build a more progressive property legal system, address the justice needs of urban communities, and enhance protection for property consumers during the transition period.