PENGATURAN JANGKA WAKTU KEPEMILIKAN RUMAH TUNGGAL OLEH ORANG ASING DI ATAS TANAH HAK PAKAI ATAS HAK MILIK

Abstrak

The period of time for foreigners to be able to have a single term of house on the land use rights on proprietary under Article 7 of Government Regulation Number 103 year 2015 contradicted to the period of time that can be owned by foreigners on land use rights on proprietary rights under Article 49 of Government Regulation Number 40 year 1996.

Under these conditions, the problem formulated in this study were (1) How do the characteristics of problem related to regulatory of period of time for the single term of house ownership by foreigners on the land use rights on proprietary?; (2) How the policies formulation of troubleshooting regulatory of period of time for the single term of house ownership by foreigners on the land use rights on proprietary?

Departing from the norm conflict, this study uses normative legal research' approach to legislation, conceptual and historical. Sources of law material in this research consists of primary legal materials, secondary and tertiary collected by the snowball technique. Legal materials analysis technique used were techniques of description, comparison, evaluation and argumentation.

The results of this study indicate that (1) Characteristics of problem related to regulatory of period of time for the single term of house ownership by foreigners on the land use rights on proprietary under the implementation of Article 7 of Regulation Number 103 year 2015 is based on the principle of Lex specialis derogat legi generali in relation to the conflict of norms include: a mismatch between the provision of land use rights period on top of the property by foreigners and Indonesian citizen; and the unaccommodated deed related to the extension of the term of a single house ownership by on the land use rights on proprietary; (2) Policies formulation of troubleshooting settings related to the revision of provisions in the legislation which is directly related to the characteristics of the existing problems as the norm of harmonization's step.

Keywords: Term, Single house, The land use rights on proprietary, Foreigner.