Legal Aspects of Condotel Ownership for Property Investment in Indonesia Dr. Elsi Kartika Sari, SH., MHum
Fakultas Hukum, Universitas Trisakti
Abstract
The rapid development of housing is in line with the development of tourism areas, as well as efforts to increase the usability and functionality of land as building procurement to improve the quality of life for densely populated areas with limited land. Development in Indonesia is directed at high-rise buildings or hotel condominiums (condotel). Condotel built in a tourism area supports increased investment. Condotel is a multi-storey building that is built in an environment that is divided into functionally structured parts in horizontal and vertical directions, which are called units and every each units can be owned and used separately, equipped with shared parts, objects, and land, it can also be used as a star rated hotel. What are the legal aspects of condotel ownership as investment property in Indonesia based on Act No. 20 of 2011 concerning Flats. This research uses normative law with descriptive analysis research with secondary data. Ownership of condotel in Indonesia is a mixture of flats and hotels which are subject to the regulations of the Flats Law, but it functions as hotels. Based on the non-compliance by developer to the provisions of Article 29 Paragraph 2, Article 50, and Article 74-75 Act No. 20 of 2011, the Central Government and Regional Governments seem to ^allow^ this non-compliance behavior. On the basis of that reasons, for the sake of legal certainty and guarantee of legal protection for the investment climate in the condotel special property sector to enforce the rules and provide strict sanctions for parties who do not comply in accordance with what is mandated by the Flats Law. To support investment in the property sector in Indonesia, the Central Government needs to make a special policy for the construction of Non-Residential Flats (Condotel).
