Source: Untar Public Relations – CS

The absence of valid proof of ownership for commercial apartment units remains a persistent issue, creating legal uncertainty for both owners and residents. This condition prompted Ibnu Akhyat to propose a legal protection model aimed at providing legal certainty during the ownership transition period.

Ibnu presented the proposal while defending his dissertation, titled Model Perlindungan Hukum terhadap Pemilik dan Penghuni Satuan Rumah Susun Komersial Tanpa Bukti Kepemilikan pada Masa Transisi (Legal Protection Model for Owners and Residents of Commercial Apartment Units Without Proof of Ownership During the Transition Period), during the open dissertation defense of the Doctor of Law Program at Universitas Tarumanagara (Untar) on Friday (26/6/2026). Following the defense, he was officially conferred as the 72nd doctoral graduate of Untar’s Doctor of Law Program.

In his research, Ibnu examined the legal validity of transferring commercial apartment units without an Akta Jual Beli (AJB/Sale and Purchase Deed) or a Sertifikat Hak Milik atas Satuan Rumah Susun (SHM Sarusun/Certificate of Ownership for Apartment Units). The study employed an empirical legal approach to examine practices in the field, including developers’ responsibility for paying the Iuran Pengelolaan Lingkungan (IPL/Environmental Management Fee) during the ownership transition period.

The findings reveal that the transfer of apartment units without an AJB and SHM Sarusun does not satisfy the principles of legality and publicity under Indonesia’s land law. Consequently, such transfers cannot serve as a valid legal basis for the transfer of ownership rights. The study also concludes that the obligation to pay the IPL during the transition period remains with the developer until the ownership process is completed in accordance with prevailing regulations.

“The practice of handing over commercial apartment units without valid proof of ownership remains common and continues to create legal uncertainty for both owners and residents. Through this research, I propose a legal protection model that is expected to provide legal certainty during the ownership transition period,” he said.

As a solution, Ibnu proposed a dual-layer legal protection model that combines contractual and regulatory approaches. The model incorporates a protection through certification scheme, the use of an escrow account, and the strengthening of supervisory institutions to ensure that consumers’ rights remain protected throughout the ownership transfer process.

According to Ibnu, the proposed model not only provides legal certainty for apartment owners and residents but also promotes more accountable governance within the property sector. He hopes the findings will contribute to improving regulations on legal protection for consumers of commercial apartment units in Indonesia. (VC/YS)