Legal Liability for Utilization of Aboveground and Underground Spaces with Different Rights Ownership Status in Indonesia

DOI

10.2991/978-2-38476-366-5_52How to use a DOI?

Keywords

Legal Liability; Aboveground; Underground Spaces; Rights Ownership Status; 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.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Nurhimmi Falahiyati
AU  - Muhammad Yamin
AU  - Maria Maria
AU  - Oloan Sitorus
AU  - Rosmalinda
PY  - 2025
DA  - 2025/02/28
TI  - Legal Liability for Utilization of Aboveground and Underground Spaces with Different Rights Ownership Status in Indonesia
BT  - Proceedings of the 1st International Conference on Social Environment Diversity (ICOSEND 2024)
PB  - Atlantis Press
SP  - 551
EP  - 557
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-366-5_52
DO  - 10.2991/978-2-38476-366-5_52
ID  - Falahiyati2025
ER  -