LEGAL VACUUM REGARDING LICENSING REGULATIONS FOR CONSTRUCTING FLATS IN THE REGIONS

Abstract

Article 33 of the Law No. _ 20 of 2011 concerning Flats Flats regulates applications for permits for function and utilization plans as well as applications for permits to change function and utilization plansin the construction of flatsto be further regulated by Regional Regulations. However, there are still many regions that have not yet established such regulations, so this has implications for the community, both as consumers and those affected by the construction of flats. The problems in this paper: (1) What are the implications of the existence of a legal vacuum ( recht v acum) regarding the licensing arrangements for the construction of flats in the regions ? ( 2) What is the ideal regulatory concept regarding the existence of flats at the regional level ? This paper uses normative legal research. Research results: There is no further regulation in regional regulations in a number of regions as stipulated in Article 33 of the Condominium Law regarding applicationsfor permitsfor function and utilization plans as well as applicationsfor permits to change function and utilization plans in the construction of condominiums , resulting in a legal vacuum in the regions which has implications there is not optimal legal protection for local communities as consumers when purchasing flats and for local communities who are affected by the environmental impact due to the construction of these flats. Apart from that, itshowsthat the licensing mechanism in the administrative order of a region is unclear regarding the arrangement and regulation of flats . Hence the formation It is urgent that the regional regulations regarding flats be implemented to provide legal certainty to the public both as consumers and those affected by the construction of flats and to clarify the licensing mechanism for the construction of flats in the regions.