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Abstract ABS-37

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) Corresponding Author: nurhimmi falahiyati

Question from Ms. Marsella Marsella 2024.11.05 12:34:46 What is the liability of the owner of land rights, be it the holder of surface land rights, the holder of land space right or the holder of underground space rights in the eventof a loss due to the utilization of the land of another right holder?

Reply from Ms. nurhimmi falahiyati 2024.11.05 12:37:24 Land rights holders should ensure that use of the space does not infringe on the rights of others and is in accordance with permits granted by the competent authorities. Owners of above-ground and underground spaces should coordinate with owners of the land above to avoid conflicts. If there is any loss in the utilization of the land parcel, the injured party should be compensated. The loss received should be able to be calculated in the form of money or other forms in accordance with the agreement with the party using the underground space conducted by a land appraiser from the local national land agency.

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