Legal Liability for Utilization of Aboveground and Underground Spaces with Different Rights Ownership Status in Indonesia
Nurhimmi falahiyati (a*), Muhammad Yamin (a), Maria (a), Oloan Sitorus (b), Rosmalinda (a)

a) Universitas Sumatera Utara, Jalan Universitas 19, Medan 20155, Indonesia
*nurhimmi19[at]gmail.com
b) Kementrian Agraria Dan Tata Ruang/ Badan Pertanahan Nasional, Indonesia

Abstract

This research aims to analyze the responsibility for the utilization of space above ground and underground, where the ownership rights status differs. The background of this study focuses on the existence of buildings that require space within the earth^s body, which is physically unrelated to the structures on the surface, as well as the differences in ownership and utilization. In this context, a critical question arises regarding how the rights holders are accountable for the utilization of such spaces. The research employs a normative legal approach, examining the applicable legal norms. The findings indicate that the responsibility of land rights holders encompasses various dimensions, including legal compliance with existing regulations, protection of the rights of affected communities, legal recognition of legitimate ownership, and socio-economic contributions to the surrounding society. This study is expected to contribute to the development of fairer and more sustainable land policy, as well as to enhance awareness of the importance of accountability in the utilization of spaces with differing ownership statuses. The findings are anticipated to serve as a reference for stakeholders in the more effective and responsible management of land and underground spaces, ultimately promoting a balanced approach to land use and ownership rights.

Keywords: rights, space, underground, above ground, land

Topic: Law