The most important thing before we decide to buy the property, including land, houses, and apartments, is the legal status of those properties. The legal status of the property that we buy is usually evidenced by a certificate.
It is essential for anyone who owns and controls the land to get a certificate. Certificate valid evidence of mastery of the law of land.
Certificate of proof of ownership or control of land or land. Not only ensure the legal status of the right of ownership or possession of land / land, the certificate also has other functions.
However, the main function remains certificate as proof of ownership or legal control of land or land. Administratively, in addition to proof of legal ownership, the certificate is also a requirement if we want to set the buildings on the land under our control.
Terms issuance of building permit (IMB) one of which is the certificate. Economically, the certificate is also used as collateral for financing if we need a loan from the bank.
“It’s important for anyone who owns and controls the land to get the certificate. Certificate valid evidence of mastery of the law of land,” said Head of Public Relations of the Republic of Indonesia Land Agency, Doli Manahan Panggabean.
There are some kinds of certificates of land known in tindang Law No. 5 of 1960 on Agrarian Law, the certificate of ownership (SHM) and certificate of right to build (SHGB). In its development, the need for urban housing needs of housing in the form of vertical, there is a new type of certificate, the certificate of the right to the apartment units (SHSRS).
SHM is a kind of certificate of ownership rights to the full by the certificate holder. SHM also the most powerful proof of ownership of land or land because there is no possibility of interference or possession of another party.
SHM status also did not have a time limit. As the most powerful proof of ownership, SHM be most valid tool to make buying and selling as well as the guarantee for the benefit of bank financing.
The second type is a land certificate SHGB. Simply put, the holder has the right SHGB building on land that has a certificate type. However, the ownership of the land or the land belonged to the state.
SHGB have a certain time limit, usually 20 years. Owner SHGB could enhance the status of the ownership of the land they controlled in the form of SHM. Usually the increased status of a certificate of SHGB to SHM because it was established on the land of residential buildings.
“Throughout the building there are areas of land used for residential, can be upgraded to the property. Costs increase it does not exist. Just simply register for an increase in property rights regulations, no building permit, if there is no sufficient replaced IMB Model letter PNI of the villages on the land stating that field to stay home, “said Doli.
The SHSRS associated with ownership of one’s home, vertical flats built on land ownership. Ownership of the apartment units are individually and separately.
However, in addition to the ownership of the apartment units, apartment units property rights also include the right of ownership or called as part of joint, ground together, and objects together, separate from the ownership of the flats. This is what is often referred to as strata title.
Strata title is a system that enables the sharing of land and buildings into units called units, in this case the apartment units. Simply put, vertical buildings for housing, there are three types, ie, flats, apartments and condominiums. However, for ease, for setting legislation, namely Law No. 16 of 1985 Flats, flats term used to refer to a vertical structure used as a residence.
Joint ownership arrangements in the apartment units are used to provide the basis of the above the bench immovable object ownership. Bench with, among other things, parks, parking lots, playgrounds, and places of worship that are separate from the structure of the apartment building. The common ground is on the basis of land use rights together not separate upon standing flats and other requirements set limits on building permits.
Duration strata title usually follow the status of the land on which the building stood flats. If the status of the land is still the HGB, at the right end of the strata title certificate holders should jointly HGB extend its land.
However, it would be different if the land status SHM. The difference in the status of the land is important because only a citizen of Indonesia (WNI) is entitled to SHM. So, foreigners can not buy flats or apartments if titles on the flats or apartment building is SHM.
According Doli, in fact the state also recognizes land rights status has not been certified, as girik, letter C, and eigondem verponding or verponding Indonesia.
“Everyone recognized. However, the certificate is a form of an increase in the recognition of a wide variety of land, such as the letter C, eigendom verponding, which are not recorded in the land office. Holders girik or letter C could be listing it to the land office to be certified so that ownership or possession of the their lands and legally registered, “said Doli.