Explore publications.

Flats are multi-storey buildings that will be inhabited by many people, so it is necessary to guarantee the security, safety, and enjoyment of the residents. Sales of flats (apartments) with a pre-project selling system, it is certain that the flats (apartments) have not been built so that PPJB in pre-project selling is considered a savior for developers, while for consumers it will be proof of ownership that will be held by consumers before building flats (apartment) finished building. This paper, it is aimed to develop a normative juridical approach to conceptualize the consumer’s legal protection in the sale and purchase of flats in the pre-project selling system. The approach of the study for answering the problem is based on a set of approaches including statutory and conceptual, case, and finally a comparative one.

Housing is a basic necessity, yet land availability is limited. This phenomenon urges residents to resort to vertical living and developers to provide vertical housing. The escalation of the vertical housing market has raised potential issues, particularly the use of strata titles in commercial properties advertisement. Strata title is proof of apartment unit ownership which has been widely recognized in the common law system. Meanwhile, Indonesia as a country that adheres to the civil law system regulates apartment ownership based on SHMSRS or Certificate of Apartment Ownership. This practice will result in legal consequences in the ownership status. Hence, this research is carried out by comparing the concept of strata title in the civil law and common law legal systems through a normative juridical methodology based on a statutory and conceptual approach. This study strives to differ strata title and SHMSRS concept to provide a comprehensive knowledge of apartment ownership and prevent legal problems from surfacing in the future.