This study aims to comprehensively examine the sources of ownership dualism of condominiums, identifies its legal implications and formulates normative and practical solutions to strengthen legal protection for owners of flats and land rights.
This normative legal research used the legislative and conceptual approach.
The results indicate that ownership dualism is rooted in the difference in regulation between individual and collective rights, and the weak mechanisms for the protection and management of common land rights. There is a need for regulatory harmonization, the strengthening of the role of the association of owners and occupants of flats and enhanced transparency in the issuance of flat ownership certificates.
The study identified the problem of ownership dualism of condominiums or flats in Indonesia. The problem arises due to the separation between the property rights of flats, which refer to individual rights to the unit, and the rights to common land, which are the collective rights of the unit owners. This condition results in legal uncertainty, especially concerning the protection of owner rights, joint land management and potential conflicts between residents, developers and third parties.
