KEWENANGAN PEJABAT UMUM DALAM PERALIHAN HAK GUNA BANGUNAN YANG SUDAH HABIS MASA BERLAKU

FEBRIYADI, HERTO and Muntaqo, Firman and Mansur, Amin (2019) KEWENANGAN PEJABAT UMUM DALAM PERALIHAN HAK GUNA BANGUNAN YANG SUDAH HABIS MASA BERLAKU. Master thesis, Sriwijaya University.

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Abstract

The Building Use Right is a right granted by the government to someone to build a building on land that is not his. The Building Use Right is granted for a certain period of time and can be extended as long as the control and use of the land is still in accordance with the designation and regional plan and land layout. The Building Use Right that is still active can be switched and transited using authentic act and carried out before PPAT as the general official who has the authority to make authentic acts related to land. The source of the problem regarding the transfer of Building Use Right, is when the Building Use Right has expired but is still controlled and utilized by the holder of the former Building Use Right, the removal of Building Use Right resulted in the erasing status of the land right, and the land returned to state land . The erasing of the Building Use Right does not necessarily eliminate the legal relationship between the land owner and the land under his control, the owner of the former Building Use Right land has a relationship with his land based on Land Control Right over land that is used and cultivated obviously in good faith. The Building Use Right holder that has expired must be obliged to vacate the land and return the certificate to the local Land Office, but in practice the Building Use Right that has expired is still often carried out to buying and selling or transitioning. The transitional of the Building Use Right that has expired above is based on the control right and divert to an authentic act through a Notary as a public official. This transitional regulation is a form of legal obscurity where the transition is carried out by the Notary whereas the land still has a history of former land rights, so the officer authorized to the transition is PPAT. This study is a normative legal research that examines in depth and explicitly used as a reference to find concrete legal analysis of the problems studied.

Item Type: Thesis (Master)
Uncontrolled Keywords: Building Use Right, Land
Subjects: K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence
Divisions: 02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User: Users 1337 not found.
Date Deposited: 12 Aug 2019 08:11
Last Modified: 12 Aug 2019 08:11
URI: http://repository.unsri.ac.id/id/eprint/4151

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