Pembatalan Sertifikat Hak Bersama Kondominium Rajawali Menara Edelweiss Oleh Developer (Studi Putusan Mahkamah Agung No.2711k/PDT/2017)

Ownership of a condominium unit includes joint rights (objects and parts) as well as common land as stated in the Certificate of Ownership of the condominium unit, so that other parties cannot personally certify the collective rights. The aim of the research is to describe the certification of collective rights by developers and the legal consequences of Supreme Court decision No.2711K/Pdt/2017 based on Law no.20 of 2011 concerning Flats. This research uses a normative research method with descriptive analysis using primary and secondary data, analyzed using a qualitative approach with deductive logical conclusions. Can developers certify collective rights and what are the legal consequences of Supreme Court decision No.2711K/Pdt/2017. Joint Rights (common objects and parts) and joint land are a unit that is not separate from the ownership of the apartment unit, so they cannot be certified by other parties in accordance with Article 20 of Government Regulation No. 4 of 1988 in conjunction with Article 23 letter d of Government Regulation No. 24 of 1997, which is proven by the Deed of Separation and Separation based on Head of BPN Regulation No. 2 of 1989. The legal consequences of this problem are based on article 68 of Government Regulation No. 4 of 1988. PT JNS which carried out the certification of the Collective Rights committed an unlawful act according to article 1365 of the Civil Code, which resulted in the Certificate 217/II/EST being null and void, by therefore the certificate in question must be revoked.