International Journal of Law, Humanities & Social Science
©
Volume 4, Issue 1 (December 2019), P.P.28-34, ISSN: 2521-0793
www.ijlhss.com 28 | Page
CIVIL RELATIONS REGULATION AFTER THE EXPIRATION OF BUILDING
RIGHTS
Ida Nurhayati
1
, Lego Karjoko
2
1,2
(Department of Law, Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia)
Abstract: As one of the land use rights in Indonesia, building rights are land rights that have
economic benefits. The general dispute over building rights is related to the expiration of the
term. It has different uses of legal regulations to resolve conflicts over building rights in
Indonesia. This research shows that there are differences in legal regulations, proven by the
Basic Agrarian Law of 1960 (UUPA) and the Regulation of the Minister of Agrarian Affairs
Number 9 of 1999 (PMNA 9/1999) which have fundamental regulatory differences. The
research method used was prescriptive legal research through literature studies. Based on
the results of the study, it was found that there are fundamental differences in the regulation
of the expiration of the building rights. UUPA contains a regulation regarding the expiration
of the building right as a state land so that the legal relationship ends. Whereas PMNA
9/1999 regulates that the Building Right, which has expired, will still cause a legal
relationship. It happens if there is still a dispute between the two parties. If there are losses
incurred, then the conflict must be resolved first to end the legal relationship. This research
suggests that a legal relationship affirmation is needed. It can be used to regulate the
termination of building rights based on the conformity that is considered appropriate in the
application of positive civil law in Indonesia.
Keywords: Building Right, Positive Indonesian Civil Law, Basic Agrarian Law, Termination
of Term
Research Area: Law
Paper Type: Research Paper
1. INTRODUCTION
Earth, water, and space (BARAKA) are some of the substantial things to be
developed as one of the critical resources in supporting human life. The condition of the
earth's surface layer which, in general, consists of land as one of the existing agrarian
resources on land that can be used as an engine of national development.
1
The nature of the land, which has a vital role in influencing the lives of many people,
encourages the state to take a role in the control of the land. It is under what is stated in the
1945 Constitution of the Republic of Indonesia Article 33, "Earth, water, and the space
contained therein, at the highest level controlled by the State.“
2
The Basic Agrarian Law
(UUPA) of 1960 which came into force on September 24, 1960, became the first milestone of
positive law governing land tenure rights in Indonesia
3
. To increase national economic
development which leads to improving the welfare of the community, the government
cooperates with the private sector in concretely realizing land rights in the form of granting
building right to optimize its utilization.
The governments can process the execution of the right to control the state by
themselves or cooperate with third parties, namely the private sector. The private sector, in
carrying out business production operations, requires shop houses that often use land and the
entire object above the land, namely buildings. It is reflected in the use of building rights.
4
One of the problems that are closely related to the building right is in the form of the
dualism of legal regulations that are still unclear. The dualism of the dispute resolution