Underground space:The concept of property right based on theory of property rights perspective
Bambang Slamet Riyadi Sesh Mhmm, Sudjito Atmoredjo Shmsi, Djoko Sukisno Shcn
Abstract
The underground space becomes the solution to the limitations of surface soil. In line with the benefits derived from its use, there is much legal uncertainty about the underground space. This is because there is no law or special regulations that discuss about it. One of the fundamental problems in land use is the absence of the law has make obscurity in the underground space right, whereas the construction of any building or facility above or below the ground must have its legal basis. The most powerful title to the land is individual property right. This paper seeks to provide input on the issues surrounding the concept of underground space property rights, including: 1) the owners of the underground space; 2) the scope of the property rights of the underground space; 3) legal acts which may be exercised over the underground space property; 4) obstacles to the implementation of legal action on the underground space property; and 5) justification of property right relationship between underground spaces and land.