Rechtvacuum in the Regulation of Property Rights on Basement Spaces in Jakarta

Abstract

As space decreases in urban areas, it is necessary to use spatial planning which is also able to dynamically follow the needs of the community, this is actually done through the use of underground space. This has been done in DKI Jakarta, however the use of underground space in DKI Jakarta is not yet in line with the established regulations regarding the use of underground space. The provisions in DKI Gubernatorial Regulation Number 167 of 2012 concerning Underground Space do not regulate the underground land ownership system and PP No. 18 of 2021 concerning Management Rights, Land Rights, Flats and Land Registration does not regulate equal distribution of rights for each group in obtaining benefits from underground space, this is because the party that can only have the right to use underground space in PP No. 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration are only private parties who collaborate with the government in utilizing underground space. The method used in this thesis research is Juridical Sociology. Sociological Juridical Research, is a research method that seeks to describe and interpret objects as they are, with the aim of systematically describing the facts and characteristics of the research object being studied accurately. So that it can be analyzed further based on the data or materials obtained. Based on the study conducted, it was found that the current lack of regulation regarding ownership of underground spaces has resulted in neglect of justice for underground space users. Especially in the context of social justice for all Indonesian people according to Pancasila. In material-substantial and intrinsic terms, Pancasila is philosophical. For example, the essence of human principles that are just and civilized, not to mention the values in the principles of belief in the Almighty God and the values in other principles.