Legal Defense Against Conveyance of Title to Land Accompanied by an Expired Building Use Right

Abstract

Indonesia has vast land areas, which is why it is referred to as an agrarian country. To provide protection and legal certainty regarding land in this country, it is necessary to establish norms and regulations that clearly govern land issues in Indonesia, thus, a law was formed, namely the Basic Agrarian Law (hereinafter referred to as UUPA). In addition, in dealing with concrete cases, a land registry system is also needed that makes it easier for land title holders to prove their rights, as well as provide the necessary information for interested parties, such as potential buyers or creditors. If the term of a land use right attached to land expires, it cannot be transferred by the holder of the right because the right has been revoked and the land returns to the control of the state. With the revocation of ownership rights to the land, the PPAT cannot issue a acte of sale or other acte as proof that the transfer of rights has been carried out.. This research is legal research using the normative legal method, which is research that uses legal norms, principles, and doctrines to find answers to the issues being studied. It is hoped that this research will produce arguments and theories that can be used as answers to similar issues. To apply for an expired HGB, the applicant can submit an application by attaching a Acte of Disengagement of Priority Rights made before a notary. This transfer of rights can be carried out for expired HGBs, as stipulated in PP HGB Article 37 Paragraph 2 and Permen Section 131 Verse 3. The authority of a notary is to draw up actes, one of which is the acte of Disengagement rights, and this is in accordance with the provisions of UUJN Section 15 Verse 1. Referring to this regulation, the acte of Disengagement rights drawn up by a notary is legally valid and is used as the basis for submitting an application for the transfer of an expired HGB.