Criminal Accountability for Renting or Transferring Ownership of

the General House to Other Parties in Indonesia

Surya Darma Syahputra, Ronald Hasundungan Sianturi and Mazmur Septian Rumapea

Magister of Law, Prima Indonesia University, Jl. Sekip simpang Sikambing, Medan, Indonesia

Keywords: Criminal liability, renting or diverting, public house.

Abstract: To rent or transfer public housing units can only be done through the implementing agency. The prohibition

on renting out or transferring ownership of public housing units to other parties is regulated by article 103 of

law number 20 year 2011 concerning flasts. The purpose of this law is to explain the regulation ot the crime

of renting or transferring ownership of a public house to another party according to positive law in Indonesia,

analyzing criminal liability to the perpetrator renting out or transferring ownership of a public house to another

party and efforts to overcome the ability to rent or transfer ownership og the house common to other parties.

This type of research uses normative law and this research is judicial empirical. Data collection techniques

used library research. Data analysis was carried out using a qualitative approach. As for rhe results of the

research, namely the criminal act of renting or transferring ownership of a public house to other parties

according to positive law in Indonesia is article 103 of law number 20 year 2011.

1 INTRODUCTION

The program for providing easy construction and

obtaining houses for low-incomeearners as in

principle is in line with the man date of the

constitution, in which the state has the responsibility

to protect the entire Indonesian nation through the

implementation of housing and residential areas so

that people are able to live and occupy decentand

affordable houses in housing healthy, safe,

harmonious and sustainable in all regions of

Indonesia.

The product produced from the housing

development and acquisition program forlow-income

people is a public house, which is a house that is

indeed organized to meet the housing need so flow-

income people. Individuals who own a public house

with facilities provided by the government or regional

government can only rentand / or transfer their

ownership of the house to another party in terms of

occupancy after a period of at least five years and

move their residencedue to better socio-economic

levels.

For the sake of legal certainty, time effectiveness,

cost effectiveness and legal justice for the owner of

the right to his house and land which is occupied by

other people (tenants) without legal rights or occupied

by people who are not the owner. With the hope that

the tenant (the perpetrator of the crime) cannot act

arbitrarily and harm the owner of the rights to the

house and land, protect the community in general and

punish the perpetrator of the crime as the law was

made aimedat order in society.

A public house is a house that is organized to meet

the housing needs of Low-Income Communities

(MBR), by getting convenience and / or assistance

from the government and / or local governments. The

house is also a place where a person develops while

living his life. So it is natural when some one tries to

build and at the sametime occupy a house that makes

him feels and comfortable. The house is interpreted

as a place of refuge and at the sametime a place to

stay for someone.

Everyone has the right to reside or occupy a house

by renting instead of leasing (if there is agreement

from the owner of the house and based on a written

agreement, however, it should be noted that the house

in dispute cannot be rented. Especially for rent

intended for income earner slow, then the rental price

will be determined by the government.

Public houses that are acquired through the

assistance of the Regional Government cannot be

transferred secretly, including lease, unless the

transfer of ownership status is carried out in cases of

inheritance, occupancy after a period of at least 5

(five) years; or and moved residence because of

Syahputra, S., Sianturi, R. and Rumapea, M.

Criminal Accountability for Renting or Transferring Ownership of the General House to Other Parties in Indonesia.

DOI: 10.5220/0010312900003051

In Proceedings of the International Conference on Culture Heritage, Education, Sustainable Tourism, and Innovation Technologies (CESIT 2020), pages 417-425

ISBN: 978-989-758-501-2

417

better socio-economic levels. If the owner leaves the

house continuously for a period of 1 (one) year

without fulfilling the obligations under the

agreement, the local government has the authority to

take over the ownership of the house based on the

agreement agreed by the parties.

Law Number 20 of 2011 concerning Flats

regulates criminally for occupancy without rights to a

house and land so that cases of placement without

rights to houses and land can be pro secuted

criminally as well as leases that have expired can be

prosecuted criminally with the threat of punishment

body (prison) or a fine.

As for the problem, namely: What is the rental or

transfer criminal settings ownership of public houses

to other parties according to positive law in

Indonesia?

2 RESEARCH METHODS

Research is the main part of science which aims to

know and under stand all life, or more clearly

research is a means used by humans to strengthen,

test, and developscience.

The type of research carried out in this writing is

adjusted to the problems raised in it. Thus, the

research carried out is normative legal research,

namely research that analyzes written positive law.

The nature of this research is descriptive, because this

research will describe and describe the regulations

related to this research. Literally, descriptive research

is research that intends to make descriptions of

situations or events.

For the preparation of this paper, the data and data

sourcesused are secondary data consisting of primary,

secondary and tertiary legal materials. Secondary

data includes official documents, books, research

results in the form of reports and soon.

Primary legal materials, namely legal materials

consisting of binding legislation in the housing sector.

Secondary legal materials are legal materials that

provide explanations for primary legal materials,

namely the work of legal experts in the form of books,

scholarly opinions, which are related to the discussion

of this writing.

Tertiary legal materials or supporting materials,

namely legal materials that provide meaning

fulinstructions or explanations for primary and / or

secondary legal materials, namely the legal dictionary

and the Big Indonesian Dictionary.

3 RESEARCH RESULTS AND

ANALYSIS

3.1 The Criminal Law Aspect of

Embezzlement against the Rental

or Transfer of Public Housing

Objects to Other Parties.

Tenants who do not have good intentions by not

paying the rent and not returning the rental housing

can also be criminally charged with embezzlement.

What includes embezzlement is the act of taking the

property of another person partly or wholly where the

control of the object already belongs to the

perpetrator, but the control occurs legally. The

purpose of embezzlement is to have goods or money

under control where the goods / money basically

belong to someone else.

Regarding the criminal act of embezzlement, it is

regulated in Chapter XXIV Article 372 to 377 of the

Criminal Code in its main form, it is stated as follows:

"Anyone who deliberately and unlawfully owns

property completely or partly belongs to another

person and is under his control not because of a crime,

shall be punished. For embezzlement, with a

maximum sentence of four years or a fine of up to

nine hundred rupiahs. "

The meaning of embezzlement is basically the

same as the description of Article 372 of the Criminal

Code. According to Lamintang, the criminal act of

embezzlement is the abuse of rights or the abuse of

trust by someone whose trust is obtained without any

element of being against the law.

The aggravated form of embezzlement

(gegualificeerde verduisterirng) is regulated in

Articles 374 and 375. The factors that cause it to be

heavier than its basic form are made aware of the

greater trust placed in the person who controls the

darkened object. The criminal act of embezzlement

with burden some elements is a criminal act of

embezzlement as regulated in Article 374 of the

Criminal Code, whichisformulated as "embezzlement

committed by a person on objects that are in him

because of his personal work relationship or because

of his job or because of receiving money, shall be

punished with imprisonment. For five years. " The

criminal act of embezzlement as regulated in Article

374 of the Criminal Code in the doctrineis also

referred to as a (gequalificeerde verduistering) or as

anembezzlement with qualifications, namely a

criminal offense with aggravating elements.

Ownership rights to a house are individual

property rights that are separate from common rights

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418

over common shares, common objects, and common

land. The rights to joint shares, common objects and

common land are calculated based on the tax

basevalue

Light embezzlement as regulated in Article 373 of

the Criminal Code. The objective element is to own

goods wholly or partly owned by other people, the

goods are in him or under his control not becauseof a

crime, plus mitigating elements, namely not live stock

and the priceis not morethan Rp. 250. While the

subjective element is deliberately, by breaking the

law. The formula for light embezzlement consists of

elements, namely all element so fembezzlement in its

basic form (Article 372) and special elements, namely

the objectis non-live stock objects and the object

valueis not morethan Rp. 250.00.

The following Tongat describes the objective

elements:

a. Claimed as one's own

The element of having in the formulation of

this article is a translation from Zich toeeigenen

actually has a broad meaning than just having.

By some scholars this term is called master.

b. Something stuff

The meaning of goods has now undergone a

development which initially referred to the

definition of movable and tangible goods or

objects, for example, radio, television, money,

etc. including animals, which in its

development the definition of goods or objects

is not only limited to movable or intangible

objects.

c. All or part of it is the property of another person

This element implies that the objects taken

must be goods / objects that are owned either

wholly or partly by someone else. So there

must be an owner, goods or objects that have

no or no owner cannot become the object of

embezzlement. Thus in the criminal act of

embezzlement, it is not required that the stolen

property belongs to another person as a whole.

Embezzlement persists even though it is only

partially owned by others.

d. Was in his power not because of crime

The first thing to discuss in this is the purpose

of mastering. In the criminal act of theft,

control is included as a subjective element

while in embezzlement, this is an objective

element. In theft, controlling is the goal of the

perpetrator so that the element of control does

not need to be carried out when the act is

prohibited. In this case, it is the intent of the

perpetrator that must be proven. Where as in

embezzlement, controlling is not the goal of the

perpetrator so that the act of controlling in

embezzlement must rest with the perpetrator. In

the criminal act of embezzlement, the act of

controlling it is not because of a crime, it is not

a main characteristic. This element is a

differentiator from the crime of theft.

e. Against the law

As it is known that an item can be under the

control of a person, it does not have to be

subject to a criminal act. Control of goods by a

person can occur due to leasing, buying and

selling, borrowing and so on. If an item is in the

possession of a person not because of a crime

but because of a legitimate act, then the person

who is entrusted with saving and so on controls

the item for his own benefit against the law,

then that person is committing embezzlement.

f. With the intention of

The element of deliberation in the formulation

of a criminal act is formulated in various terms,

including with the intention. In this case the

intention or purpose is aimed at benefiting one

self or others.

3.2 Regulation of Criminal Liability

Renting or Transferring

Ownership of Public Houses

according to the Law on Flats

Criminal action will have meaning if there is criminal

responsibility, on the other hand there is no criminal

responsibility, if there is no criminal act. This means

that not everyone who commits a criminal act can be

convicted. A person can be convicted if he can be held

accountable for this criminal act.

It means that a person who is a perpetrator of a

criminal act can only be sentenced to a criminal

sentence if the person concerned has committed the

crime. The existence of mistakes in a person's

criminal act will be linked to the theory of criminal

liability. Clearly, a criminal act does not include

criminal liability. Criminal acts are prohibitions that

are stated in legislation.

The construction of public flats is the

responsibility of the government, which can be carried

out by every one by obtaining facilities and /

orgovernment assistance and also by non-profit

organizations and businessentities. The construction

of commercial flats can be carried out by everyone,

where the act or of the commercial apartment

construction is obliged to provide a public apartment

of at least 20% of the total floor area of the commercial

apartment built. The obligation to build a public flat

can be carried outside the location of the commercial

Criminal Accountability for Renting or Transferring Ownership of the General House to Other Parties in Indonesia

419

apartment area as long as it is still in the sameregency

/ city as the concerned commercial apartment.

The corporation can be criminally responsible for

an act committed for and / or on behalf of the

corporation, if the act falls within the scope of its

business as stipulated in the articles of association or

other provisions that apply to the corporation

concerned.

Provisions regarding Flats previously regulated in

Law Number 16 of 1985 concerning Flats, as

amended by Law Number 20 of 2011 concerning

Flats. According to Law Number 20 of 2011

concerning Flat Article 1 point 1, a Flat is: "a multi-

storey building built in an environment which is

divided into functionally structured sections, both in

horizontal and vertical directions and is a multi-storey

building. Each unit can be owned and used separately,

especially for a dwelling equipped with common

parts, common objects and common land”.

Owners of flat units based on Article 1 number 18

Law No. 20 of 2011 is a person who owns a flat unit

(hereinafter referred to as the owner). Meanwhile,

residents of flat units based on Article 1 number 19 of

Law no. 20 of 2011 is a person who occupies an

apartment unit, either as the owner or not the owner

(hereinafter referred to as residents). Tenants of

apartment units can be categorized as residents.

Article 54 of Law No. 20 of 2011 concerning Flats

reads:

1. “General apartment units that obtain

convenience from the government can only be

owned or rented by low-income people

2. Every person who owns a general system can

only transfer his ownership to another party in

the case of: inheritance, agreement on

apartment ownership after a period of 20

(twenty) years or change of residence as

evidenced by a certificate of transfer from the

competent authority.

3. Transfer can only be made to the executing

agency.

4. Further provisions regarding transfer shall be

regulated in government regulations.

5. Provisions regarding the criteria and

procedures for granting the ease of ownership

of a general system shall be regulated in a

Ministerial Regulation.

Law Number 20 of 2011 concerning Flats affirms

that the house functions as a place to live or shelter

and a means of fostering a family that supports life

and livelihood also has a function as a center for

family education, a cultural nursery and the

preparation of the younger generation. Housing needs

for the community can be carried out by ownership

by leasing or other means in accordance with

statutory regulations. The main points are that the

state is responsible for providing housing, the

government must play a more important role in

fulfilling housing for low-income people.

The arrangement in the lease is as a preventive

measure against problems that may arise in the future.

Lease arrangements between owners and third parties

(tenants) are designed to protect not only the interests

of the owners, but also those of the tenants. Because

as is known, living in a rental house uses a lot of the

shared facilities (shared parts, shared objects, and

common land) that are proportionally owned by each

owner of the rental house.

The existence of Law Number 20 Year 2011

concerning Flats, in principle, greatly encourage

sincreased attention to handling slum housingand

slum settlements. This can be seen clearly with the

addition of a special chapter, namely Chapter VIII on

Prevention and Quality Improvement of Slum

Housing and Slum Settlements. Even the addition of

a precautionary article against the formation of slum

settlements is a significant progress. In addition, this

Law has also adopted the community paradigm as a

subject that is believed to make the prevention and

handling of slumare as more correct.

Nature as an order from the norm in Article 16 of

Law no. 20 of 2011 concerning Flats really get the

attention of the legislators of this law, so that Article

97 provides a provision that every actor of

commercial apartment construction is prohibited

from denying his obligation to provide public flats of

at least 20% (twenty percent) of the total floor area of

a public apartment built as referred to in Article 16

paragraph (2). To reinforce then or so an order and

burden of obligations, Article 109 of Law No. 20 of

2011 concerning Flats determines the existence of a

criminal there at provided that every act or of

commercial flats construction who denies his

obligation to provide public flats is at least 20%

(twenty percent) ofthe total floor area of commercial

flats constructed as referred to in Article 97 shall be

punished with imprisonment of 2 (two) yearsor a fine.

Christopher Hayes, the opinions “Further,

although many former residents are better off than

they were in public housing, the shift to vouchers has

brought new challenges. Learning to navigate the

private market with a voucher is often difficult;

voucher holders may encounter problems including

lack of transportation to search for units,

discriminatory or unscrupulous landlords, tenant

screenings and credit checks, and a shortage of large

units. These ambiguities reveal the complexity of

properly addressing the extent to which relocatees

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420

cause an increase in crime when they move into new

neighborhoods”.

The increasing number of flats construction in the

present is supported by the large number of

consumers who buy apartment units with the aim of

becoming a practical, orderly, and safe place to live.

In addition, the ultimate goal of ownership of a flat

unit is to have a Certificate of Ownership over a

Apartment Unit, where the certificate is the strongest

evidence in terms of and ownership. Based on the

data above, it can be seen that the complaint regarding

the not receiving the Certificate by the Owner shows

that the Conduct of the Flat Construction has not

fulfilled its obligations. The obligation for the

deadline for the Conduct of the Construction of Flats

toissue a Certificate of Ownership for the Unit of the

Flats isusually regulated in the Sale and Purchase

Agreement (PPJB) between the Implementer of the

Construction of the Flats and the Buyer of the

apartment unit.

3.3 The Form of Transfer of

Ownership of a Public Apartment

to another Party

Property rights are the strongest and fullest inherited

rights that a person can have over land or buildings.

Property rights can be transferred and transferred to

other parties. Only Indonesian citizens can have

property rights. However, certain legal entities can

have property rights under certain conditions.

Property rights are the strongest rights to land and

houses, which give authority to their property to give

back another right over the parcel of land and house

they own which are almost the same as the authority

of the state (as the ruler) to grant rights to land to its

citizens.

Based on the provisions in the egislation on a flat,

the owner of a public apartment has rights, namely:

1. To occupy a public flat which is owned by him,

as well as use shared parts and commonland,

each according to its designation (Article 18 of

the Law on Flats)

2. Renting out a public apartment that he owns to

another party who will be a resident, as long as

it does not exceed the term of the land title with

him.

3. Appoint the property rights of the apartment unit

which he owns as collateral for credit with the

burden of mortgage rights (Article 12 Law on

Flats)

4. Transfer of owner ship rights to the apartment

unit to other parties through buying and selling,

exchange and grants.

5. Transferring to his heirs because the property

rights of the apartment unit can be transferred

due to in heritance (Article 10 of the Flats Law)

6. The right to obtain legal protection for the

ownerof a public apartment based on proof of

owner ship (certificate) (Article 1 paragraph (1)

Law onFlats).

7. The right to make the ownership of the

apartment unit as collateral for the debt to get a

new House Ownership Credit will be given

when the public flat in question has been

completed and separation has also been carried

out in a certified public flat (Article 13 Law on

Flat).

Based on the provisions in the legislation on a flat,

the owner of a public apartment has the following

obligations:

1. The obligation to fulfill the requirements as a

party according to the provisions of the law can

be come the holder of landrights (Article 8

paragraph (1) Law onFlats)

2. The obligation to diligently and carefully

organize and maintain the public flats that they

already own (Article 18 ofthe Law onFlats)

3. The obligation of the residents who live in an

apartment to immediately cooperate in caring

for and maintaining certain parts of their public

apartment which have become a common

responsibility, namely the common part and

common objects.

4. Obligations of residents who live in public flats

to collectively always maintain the

sustainability of the environment in which they

live together (Article 1 point 3 oftheApartment

Law)

5. It is the duty of residents to reportand register

any legal action in the form of imposition of the

public apartment they own along with the land

where the building itself and other objects.

6. The owners of public flats or their residents are

obliged to form an association of residents

(Article 19 ofthe Law onFlats)

7. Other obligations of the owners of public flats

are in the event that the period of land rights

with the mends, the owners of the public

apartment are obliged to jointly apply for

anextension of the period or renewal of the right

to build or use rights concerned.

8. The financing of tenant association activities

and the management body is borne jointly by

the owner sof the public apartments and the

residents.

Fundamental rights stipulate in Law Number 20

of 2011, in essence, among others, the legal certainty

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421

of ownership and occupancy of public houses for

low-income people, the existence of an agency that

guarantees the provision of public houses, the use of

state / regional property in the form of land and land

utilization. Waqf, providing public housing,

providing incentives for public housing construction

actors and assistance and facilities for low-income

people as well as consumer protection.

Transfer of ownership rights to a house in the

form of transfer can be carried out if the house is

owned by an Indonesian citizen or a foreigner who is

domiciled in Indonesia. Transfer of title to a house in

the form of transfer can be done if the house is owned

by an Indonesian citizen, a foreigner domiciled in

Indonesia, a legal entity established under Indonesian

law and domiciled in Indonesia.

The transfer of ownership of a public house to

another party due to rent or transfer or transfer of

rights must be proven by a deed drawn up by and

before a notary, unless the auction is proven by an

auction report made by the notary public and the

auction office. Transfer of ownership rights to a

public house to another party, either directly or

indirectly to someone.

Not everyone can own a flat unit, but Article 53

paragraph (1) of Law Number 20 Year 2011

concerning Flats provides that “everyone can rent a

flat unit. The rental includes the right of an individual

to an apartment unit and the utilization of common

shares, common objects and common land. "Even so,

for general apartment units and state apartment units,

there are several provisions that must be obeyed.

Jocelyn Fontaine, the opinions “It is clear that

housing has the potential for being a pathway to

successful reentry for formerly incarcerated persons.

The purposeful use of housing in this way holds

promise in reducing costly returns to prison while

increasing public safety and public health. Of course,

additional housing supports would be a tremendous

benefit for formerly incarcerated persons and their

families”

Public apartment units that get facilities from the

government can only be owned or rented by low-

income people. Transfer of ownership of a common

apartment unit can only be done through inheritance.

Apart from inheritance, the transfer of ownership of a

general apartment unit can also be carried out in the

event of an agreement on the ownership of the

apartment after a period of 20 years and moving place

as evidenced by a certificate of transfer from the

competent authority. The condition for the transfer is

that it can only be done to the executing agency. State

apartment units can be rented by individuals or

groups with the convenience of the government. An

individual or a group according to the Elucidation of

Article 55 paragraph (1) of the Apartment Law is an

official or civil servant or person associated with the

implementation of state tasks.

Based on the provisions in the legislation on a flat,

the owner of apublic flat has the following rights:

1. To occupy a public flat which he owns, and to

use shared parts and common land, each

according to its designation (Article 18 of the

flats Law).

2. Renting out the public apartment that he owns

to another party who will be the occupant, as

long as it does not exceed the term of the land

right with him.

3. Appoints the property rights of the apartment

unit which he owns as collateral for credit and

is burdened with mortgage right (Article 12 of

the Law on flats).

4. Transferring ownership rights to the flat unit to

other parties through sale and purchase,

exchange and grants.

5. Transferring to his heirs because the property

rights of the apartment unit can be transferres

due to inheritance (Article 10 of the flat law)

6. The right to obtain legal protection for the

owner of a public apartment based on proof of

ownership (certificate) (Article 1 paragraph (1)

law on flats).

7. The right to make the ownership of the

apartment unit as collateral for the debt to get a

house ownership credit which will only be

given when the public flat in question has been

built and saparation has also been carried out in

a certified public flat (Article 13 law on flats).

Based on the provisions in the legislation for a

flat, the owner of a public apartment has the following

obligations:

1. The obligation to fulfil the requirements as a

party who according to the provisions of the

law can become the holder of land rights

(article 8 paragraph (1) of the apartment law).

2. The obligation to diligently and carefully

organize and maintain the public flats that they

already have.

3. The obligation of residents who live in an

apartment to immediately cooperate to care for

and maintain certain parts of their public

apartment which have become join

responsibilities, namely shared part and

common objects.

4. The obligation of residents of common

apartment residents to collectively together,

always maintain the sustainability of the

environment in which they live together.

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5. The obligation of residents to report and

imposition of public apartment they own along

with the land where the building itself and other

objects.

6. Owner of public flats or their residents are

obliged to form a community association.

7. The obliged to jointly apply for an extension of

the period or renewal of the terms of use the

building or right of use concerned.

8. The financing for the activities of the

association of residents and the management

body is jointly borne by the owners of the

public flats an the residents.

General flats, namely flats organized to meet the

housing needs of low-income people. Low-income

people (“MBR”) are people who have limited

purchasing power, so they need government support

to obtain general income. Assistance and convenience

provided to low-income people in the form of:

1. credit ownership of a bank with a low interest

rate;

2. relief of rental fees for the conduit;

3. insurance and credit guarantee for apartment

ownership;

4. tax incentives in accordance with statutory

provisions; and / or

5. Sarusun certification.

Transfer or transfer of rights is a legal act that

aims to transfer rights from one party to another. In

contrast to the transfer of a right, the transfer of a right

indicates a legal act that was deliberately committed

by one party with the intention of transferring his

property rights to another person. Thus, the transfer

of ownership rights is known or desired by the party

conducting the agreement for transferring land rights.

Article 138 of Law Number 1 of 2011 concerning

Housing and Settlement Areas covers the developers

of flats. So, what requirements need to be met before

the handoverand / or with draw alof funds of

morethan 80% can be made? In accordance with

Article 138, this requirement is regulated in Article

45 jo. 42 paragraph (2) of Law Number 1 of 2011

concerning Housing and Settlement Areas.

William D. Soileau, the opinions “Attempt to vest

effective property rights in economic actors so as to

spur investment in urban real property and reverse

the ill effects of the supply system of housing.

Statistical indicators of ownership and investment

indicate that these policies have enjoyed some

success, but that public ownership and control of

urban public housing still predominates by far.

However, given the interdependence of housing and

property rights reform with other policy areas, a

great deal of institutional reform will be required to

continue progress toward commoditization,

marketization, and privatization”.

Regarding ownership of apartment units, it is

regulated in article 46 - article 49 of Law Number 20

of 2011 concerning Flats. A known form of

ownership is a Certificate of Ownership on the Flats

("SHMRS"). SHMRS is a form of ownership granted

to the right holder of the Flats. The form of ownership

rights to flats must be distinguished from the types of

ownership rights to houses and land in general.

Article 46 of Law Number 20 Year 2011

concerning Flats reads: "Ownership rights over flat

units are property rights to flat units that are separate

individuals with common rights over common shares,

common objects, and common land." The ownership

of apartment stems from theories about ownership of

an object, where according to the law an object or

building can be owned by one, two or more people

which is known as joint ownership.

Regarding ownership of apartment units, it is

emphasized in the provisions of Article 46 of the Flat

Law which states: Ownership rights to a flat is a

separate ownership right to a conduit which is

separate from the common rights to common shares,

common objects and common land. The rights to the

joint shares, common objects and common land are

calculated based on a proportional ratio value.

Procedures and requirements for the transfer of land

rights as stipulated in the applicable laws and

regulations that in every process of transfer of land

rights, must be made by making an authentic deed by

the official who makes land deeds (as stated in Article

1 of Law Number 7 Position of Notary Public, and

registered at the district / city land office where the

land is located.

Sarah swant, the opinions “

Further, as the city

emerges as a major source of rules governing homes

and intimate spaces, its role in using these

technologies of governance may become more

pronounced, and may therefore warrant greater

attention than local-government law tends to attract.

In particular, the practical impact of these kinds of

ordinances, alongside their symbolic participation in

problematic histories of race, gender, and

socioeconomic discrimination, raises concern over

the narratives of responsibility and the meaning of

“home” that they create, and the city’s role in their

construction”.

In law enforcement carried out by the government

and law enforcers, there must also be legal awareness

from the public. Legal awareness revolves around the

community itself, being a determining factor for the

validity of the law. With legal awareness, it actually

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423

means an assessment of the existing law or the law

that is expected. In fact, every society must have legal

awareness.

Law enforcement is an effort to tackle crime

rationally, fulfill a sense of justice and be efficient. In

the context of overcoming crimes against various

means as a reaction that can be given to the

perpetrators of crime, in the form of criminal and non-

criminal legal means, which can be integrated with

one another.

Law enforcement of simple rental apartment

arrangement does not go smoothly. Even though they

have been threatened with criminal articles, the

structuring program has not been effective in the

field. The sealing of the apartment units that are sold

illegally is ignored by the residents by surviving in

them. The government policies in overcoming the

crime of renting or transferring public housing

ownership to other parties are: Neighborhoods with

higher pre-existing crime rates are also more likely

to be affordable and accessible to voucher holders

because they have more vacancies, lower rents, and

more landlords actively recruiting them. Regardless

of the mechanism, a crucial policy implication from

this research is the need for responsible relocation

strategies like those both Chicago and Atlanta now

employ that offer former residents a real choice of

housing and neighborhoods and that provide long-

term support after those residents leave public

housing (Susan J. Popkin, Michael J. Rich, Leah

Hendey, Chris Hayes and Joe Parilla).

As a result of the transfer of ownership of the

public house to the other party, the debtor who

receives the transfer of ownership of the Public House

that has been agreed upon and intend stotake the

certificate of public housing object and transfer the

name to the debtor who receives the transfer, a power

of attorney is required. Made before a notary.

4 CONCLUSIONS AND

SUGGESTIONS

4.1 Conclusion

a. The regulation of the crime of renting or

transferring ownership of a public house to

another party according to positive law in

Indonesia is Law Number 20 of 2011

concerning Flats which regulates the

government's obligation to resolve problems

arising from renting. If this happens the tenant

can be subject to criminal sanctions because the

lessee has violated the rights of others in the

sense that he has violated the rights of the

tenant.

b. The criminal liability in the form of Article 103

and Article 115 of Law Number 20 Year 2011

concerning Flats, which states that anyone who

rents out or transfers ownership of a public

syringe to another party, will be subject to a

fine. Article 72 states that for the transfer of

general systems by means of an executing

agency, that is, an agency established by the

Government which has the function of carrying

out development, transfer of ownership and

distribution of general and special flats in a

coordinated and integrated manner.

c. Efforts to prevent kajahatan renting or

transferring public house ownership to other

parties in a preventive manner by the

government can be done by means of

socialization. Meanwhile, development and

occupants can be done by strengthening the

base of the land rights to be built in the flat.

This is evidenced by the issuance of SHM on

syarusun. The land to be built for the flat will

be thoroughly researched so as not to cause

disputes in the future.

4.2 Suggestions

a. With the existence of Law Number 20 of 2011

concerning Flats, it is hoped that it can

minimize and even eliminate and be able to

prosecute tenants or transfer public houses to

other parties who violate laws that have been

legally made. The criminal provisions

contained in Law Number 20 of 2011

concerning Flats can be applied to the tenant if

he violates a lease agreement that has been

legally made by both parties.

b. It is necessary to formulate a clear and detailed

criminal liability for housing developers in

statutory regulations. The formulation is either

in the form of separation of criminal acts

categorized as acts of the Corporation or

individual management as well as the

sanctions. In particular regarding the Criminal

Liability of housing developers in the provision

of infrastructure, facilities and public utilities in

the administration of housing and areas and

settlements.

c. For the community, if you are going to make a

transaction in the case of transferring

ownership rights to the syariah, it is better if

you first investigate the status of the ownership

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rights to the land. In addition, it is also

advisable to seek valid information regarding

the legal status of land ownership rights so as

not to cause problems in the future.

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LAWS

Kitab Undang-undang Hukum Pidana (KUHP)

Undang-undang Nomor 1 Tahun 2011 tentang Perumahan

dan Kawasan Permukiman

Undang-Undang Nomor 20 Tahun 2011 tentang Rumah

Susun

WEBSITE

Wibowo T. Tunardy, “Penguasaan, Pemilikan dan

Pemanfaatan Rumah Susun., 2019,

www.jurnalhukum.com/penguasaan-pemilikan-dan-

pemanfaatan-rumah-susun/, (28 Juni 2019).

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