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I.

DEFINITION

1. Horizontal Principle

Based on the meaning of Article 4 Paragraph (2) of the Basic Agrarian Law,
the right to land is the right to the surface of the earth, precisely covering only a
limited portion of the finite earth surface, called the plot of land. The right to land
does not include the earth's body, water and natural resources contained therein. Land
law in Indonesia adheres to the Horizontal principle namely the principle that only
recognizes the right to land is limited to the right to the surface of the earth where the
ownership of land and objects or everything that is on the land is separate. The
horizontal principle is a principle based on customary law.

2. Sticking Principle

In contrast to the principle adopted by UUPA, the Civil Code embraces


Sticking Principle, which the authority and ownership of the right to land is not only
limited to the surface of the land but also contained beneath it also attached and
standing on it.
Civil Code 571, "The ownership of a plot of land contains in it the ownership
of all that is above it and in the land."

II. ANALYSIS

Which principle is better?

Based on the Horizontal Principle, it is possible in the same plot of land to


have multiple land titles simultaneously. For example there is a land of individual
property, on it made an agreement with the constructor to be built office building
attached the ‘Building Rights (‘Hak Guna Bangunan’ /HGB) for 30 years and can be
extended 20 years.

So in a plot of land, there are two inherent rights. The primary rights are
property rights, which is individual or state controlling rights, and secondary rights
which are usage rights (Hak Pakai), Management Rights (Hak Pengelolaan), Building
Rights (Hak Guna Bangunan/ HGB), Cultivation Rights (Hak Guna Usaha), and etc.1

The problem of the horizontal principle will arise in case of a case after which
the secondary right ends, the holder of the property right wants to cultivate the land
itself. While there is a building that stands upright on the ground in the process of
building construction, the previous ground surface must have been dug for plumbing
pile and various concrete as the foundation of the building. In fact, as long as it does
not interfere with other people and does not violate the law should the holder of
property rights can do anything to his land belongs. But of course the choice that can

1
Boedi Harsono. 2003. Hukum Agraria Indonesia. Jakarta: Djambatan. Page 20.
be made to the land will be very limited considering there is a big building standing.
If the building is demolished as stated in Law No. 28 of 2002 on Building Buildings,
such actions and efforts to reclaim land will cost a lot. So, it is inefficient.

III. CONCLUSION

The Sticking Principle is more efficient than the Horizontal Principle because
the Raison d'etre of the foundation of the building is the land. In the absence of the
land, it is impossible that any property can be established. The fact of horizontal
principle derived from customary law should also be taken into consideration. Indeed,
the separation of ownership between trees from the soil can be done because the
removal of a tree will not have much impact on the quality of the soil, as opposed to
the removal of the multi-storey building.

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