Perbandingan hukum jenis hak atas tanah di Indonesia, Malaysia dan Singapura

Sumanto, Listyowati and Nurbaiti, Siti (2013) Perbandingan hukum jenis hak atas tanah di Indonesia, Malaysia dan Singapura. Jurnal Penelitian dan Karya Ilmiah Lembaga Penelitian Universitas Trisakti, 4 (25). pp. 25-56. ISSN 0853-7720

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The legal system adopted by Indonesia is very different from Malaysia, Singapore who holds Common Law system and greatly affects the concept of the Land Law in the country concerned. The similarities and differences in regulation of land rights in the Land Law of Indonesia and Malaysia, Singapore can not be separated from the underlying conception. Indonesian Land Law is based on Customary Law with communal-religious conception, Malaysia Land Law has feudal conception, and Singapore Land Law has individualistic conception. To countries which apply Common Law system, it is not impossible to obtain land rights for 99 years (estate for years). But in Indonesia the same rights can not be applied, because of the concept of the State to control rights. The State is not the owner of land, but in its capacity as the personification of the nation of Indonesia, it has the authority and obligation to maintain a balance between public and private interests. In this context, every country has a regulation in limiting ownership of property by a foreign person in its territory.

Item Type: Article
Uncontrolled Keywords: Land Rights, Indonesia, Malaysia, Singapore
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Undergraduate Program in Law
Depositing User: FH Universitas Trisakti
Date Deposited: 31 Jan 2018 08:29
Last Modified: 31 Jan 2018 08:29

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