Immediate formulation of implementing regulations

Oct 13, 2025 by talynt.org 125 views

Introduction

The increasing need for housing and settlements has led to the construction of vertical occupancy, often referred to as flats. Initially, flats were intended for residences, but as the population grows and the times develop, the function of flats has expanded to include non-residential uses. This has resulted in many high-rise buildings, such as hotels, condominiums, and shopping centers, obtaining legal status as flats. The enactment of Law Number 20 of 2011 concerning Flats has raised questions regarding the status of non-residential buildings, highlighting the need for a juridical review of this law.

Background of the Law

Law Number 20 of 2011 concerning Flats replaced Law Number 16 of 1985, which regulated the construction of flats. The new law aimed to provide a clear legal framework for the development of flats, but its implementation has been hindered by the lack of implementing regulations. The absence of these regulations has created obscurity regarding the legal status of non-residential high-rise buildings, causing problems in the implementation of the law.

Methodology

This study employed a normative juridical method, comparing laws and regulations with reality in the field, particularly in the city of Medan. Data was collected through library research and structured interviews with stakeholders in the construction industry. The findings revealed that the construction of non-residential high-rise buildings is still regulated by previous regulations, as there has been no implementing regulation issued from Law Number 20 of 2011.

Findings

The study's findings indicate that the lack of implementing regulations from Law Number 20 of 2011 has created uncertainty regarding the legal status of non-residential high-rise buildings. This obscurity can lead to problems in the implementation of the law, hindering various kinds of projects and investments in the construction of multi-storey buildings. The government's failure to issue implementing regulations has resulted in a lack of clarity regarding the legal framework for the development of flats.

Implications

The study's findings have significant implications for the development of flats in Indonesia. The lack of implementing regulations from Law Number 20 of 2011 has created a conducive environment for sustainable infrastructure and housing development. The government's immediate formulation of implementing regulations is crucial to provide legal certainty for developers, investors, and the community. This will encourage regional economic growth through investment in the property sector and support the fulfillment of housing needs.

Recommendations

Based on the study's findings, the following recommendations are made:

Immediate formulation of implementing regulations: The government should immediately formulate implementing regulations from Law Number 20 of 2011 to provide clarity regarding the legal status of non-residential high-rise buildings.
Clear and comprehensive regulations: The government should ensure that the implementing regulations are clear and comprehensive, providing a clear legal framework for the development of flats.
Legal certainty for developers and investors: The government should provide legal certainty for developers and investors, ensuring that they understand the legal requirements for the development of flats.
Regional economic growth: The government should encourage regional economic growth through investment in the property sector, supporting the development of sustainable infrastructure and housing.

Conclusion

The juridical review of the enactment of Law Number 20 of 2011 concerning Flats on all high-rise buildings has highlighted the need for a clear and comprehensive legal framework for the development of flats. The lack of implementing regulations from this law has created obscurity regarding the legal status of non-residential high-rise buildings, causing problems in the implementation of the law. The government's immediate formulation of implementing regulations is crucial to provide legal certainty for developers, investors, and the community, encouraging regional economic growth through investment in the property sector.

Future Research Directions

Future research should focus on the following areas:

Implementation of Law Number 20 of 2011: Researchers should investigate the implementation of Law Number 20 of 2011, examining the challenges and opportunities faced by developers and investors.
Legal framework for flats: Researchers should explore the legal framework for flats, examining the implications of the lack of implementing regulations from Law Number 20 of 2011.
Regional economic growth: Researchers should investigate the impact of the lack of implementing regulations from Law Number 20 of 2011 on regional economic growth, examining the opportunities and challenges faced by developers and investors.

Limitations of the Study

This study has several limitations, including:

Limited scope: The study focused on the juridical review of the enactment of Law Number 20 of 2011 concerning Flats on all high-rise buildings, limiting its scope to this specific area.
Limited data: The study relied on library research and structured interviews, which may not provide a comprehensive understanding of the issues surrounding the implementation of Law Number 20 of 2011.
Limited generalizability: The study's findings may not be generalizable to other contexts, as the legal framework for flats may vary depending on the location and jurisdiction.

Conclusion

In conclusion, the juridical review of the enactment of Law Number 20 of 2011 concerning Flats on all high-rise buildings has highlighted the need for a clear and comprehensive legal framework for the development of flats. The lack of implementing regulations from this law has created obscurity regarding the legal status of non-residential high-rise buildings, causing problems in the implementation of the law. The government's immediate formulation of implementing regulations is crucial to provide legal certainty for developers, investors, and the community, encouraging regional economic growth through investment in the property sector.

Q: What is the purpose of Law Number 20 of 2011 concerning Flats?

A: The purpose of Law Number 20 of 2011 concerning Flats is to provide a clear legal framework for the development of flats, including residential and non-residential uses.

Q: What is the difference between Law Number 20 of 2011 and Law Number 16 of 1985?

A: Law Number 20 of 2011 replaced Law Number 16 of 1985, which regulated the construction of flats. The new law aimed to provide a more comprehensive and clear legal framework for the development of flats.

Q: Why is there a lack of implementing regulations from Law Number 20 of 2011?

A: The lack of implementing regulations from Law Number 20 of 2011 is due to the government's failure to issue the necessary regulations, creating obscurity regarding the legal status of non-residential high-rise buildings.

Q: What are the implications of the lack of implementing regulations from Law Number 20 of 2011?

A: The lack of implementing regulations from Law Number 20 of 2011 has created uncertainty regarding the legal status of non-residential high-rise buildings, hindering various kinds of projects and investments in the construction of multi-storey buildings.

Q: What is the recommended solution to address the lack of implementing regulations from Law Number 20 of 2011?

A: The government should immediately formulate implementing regulations from Law Number 20 of 2011 to provide clarity regarding the legal status of non-residential high-rise buildings.

Q: What are the benefits of clear and comprehensive regulations for the development of flats?

A: Clear and comprehensive regulations will provide legal certainty for developers, investors, and the community, encouraging regional economic growth through investment in the property sector and supporting the fulfillment of housing needs.

Q: What are the potential consequences of not addressing the lack of implementing regulations from Law Number 20 of 2011?

A: The failure to address the lack of implementing regulations from Law Number 20 of 2011 may lead to further uncertainty and hindrance in the development of flats, ultimately affecting regional economic growth and the fulfillment of housing needs.

Q: What is the role of the government in addressing the lack of implementing regulations from Law Number 20 of 2011?

A: The government has a crucial role in addressing the lack of implementing regulations from Law Number 20 of 2011 by formulating clear and comprehensive regulations that provide legal certainty for developers, investors, and the community.

Q: What are the potential benefits of sustainable infrastructure and housing development?

A: Sustainable infrastructure and housing development can lead to regional economic growth, improved living conditions, and a better quality of life for citizens.

Q: What are the potential challenges of implementing Law Number 20 of 2011?

A: The potential challenges of implementing Law Number 20 of 2011 include the need for clear and comprehensive regulations, the lack of implementing regulations, and the potential for uncertainty and hindrance in the development of flats.

Q: What is the significance of this study in the context of juridical review of the enactment of Law Number 20 of 2011 concerning Flats on all high-rise buildings?

A: This study provides a comprehensive juridical review of the enactment of Law Number 20 of 2011 concerning Flats on all high-rise buildings, highlighting the need for clear and comprehensive regulations to address the lack of implementing regulations from this law.