Akta Notaris Jual Beli Bangunan di Atas Tanah Negara dari Bekas Hak Guna Bangunan

Abstract

This thesis examines the understanding of the status of legal relations with ex-title state land which is still different, still being debated in the legal realm and the application of policy regarding ex-title state land, which has ended, especially temporary rights such as in the case of buying and selling buildings. on former state land with Building Use Rights (HGB) No. 215/Hargobinangun, area of 1,247 square meters in Sleman Regency, Yogyakarta. However, in the process of buying and selling HGB No. 215, there is a "legal defect" because the HGB land being bought and sold has expired and was not extended by the original right holder for other reasons. The problem that is formulated first is what is the legal construction of a notarial deed of buying and selling buildings for building objects on state land with former building use rights and secondly what are the legal consequences of buying and selling buildings on state land with former building use rights. This method uses empirical juridical research, namely examining applicable legal provisions and what actually happens in society. This research uses primary, secondary and tertiary legal materials, then analyzed qualitatively. The results of the first research showed that the land had returned to state land. This regulation gives former HGB holders priority rights to apply for an extension or renewal of the HGB, with various conditions that must be met. The final right holder still has priority rights to submit an application for extension, provided that the fulfillment of the conditions stipulated in the land laws and regulations must be met, secondly materially based on Article 1320 jo. Article 1338 of the Civil Code and formally made based on the UUJN taking into account the principle of horizontal separation where the object of sale and purchase is a permanent building located on former state land so that the building owner can sell the building only, not the land. Recommendations that the relevant Public Officials should provide legal education and expand their knowledge of legal science which is always developing