JURIDICAL ANALYSIS OF THE ROLE OF PPAT IN THE TRANSITION AND IMPROVEMENT OF THE STATUS OF BUILDING USE RIGHTS TO PROPERTY RIGHTS (Study at the Notary Office/PPAT Medan City)

Authors

  • Irwansyah Putra Universitas Islam Sumatera Utara
  • Tajuddin Noor Universitas Islam Sumatera Utara
  • Cut Nurita Universitas Islam Sumatera Utara

DOI:

https://doi.org/10.47652/jmh.v3i1.710

Keywords:

Role, transition, building use rights, property rights.

Abstract

The change from Building Use Rights (HGB) to Property Rights Certificate (SHM) can be done by meeting several applicable conditions and procedures. This process involves applying to the local Land Office, paying the registration fee, and measuring and inspecting the land. The formulation of the problem in this study is how to regulate the legal arrangement of the transfer of building use rights to property rights, what are the legal consequences of the transfer of building use rights to property rights, how is the accountability of the Land Deed Making Officer if there is a rejection of increasing the building use rights to property rights. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching literature materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study show that the transfer of Building Use Rights (HGB) to Property Rights (SHM) is regulated in Government Regulation (PP) Number 18 Years. The legal consequence of the transfer of the building use rights deed to the title deed is that with the change of the right, the HGB certificate becomes a property title certificate that has the strength of proof of the land title certificate as proof of ownership of land rights. The responsibility of the Land Deed Making Officer if there is a refusal to increase the right to use the building to property is to include the required conditions

References

Abdurrahman, Various Agrarian Law Problems in Development in Indonesia, Alumni, Bandung, 2008.

-------------, The Problem of Revocation of Land Rights, Land Acquisition and Land Acquisition for the Implementation of Development for the Public Interest in Indonesia, Citra Aditya Bakti, Bandung, 2013

------------; Land for the Implementation of Development for the Public Interest, Citra Aditya Bakti, Bandung, 2004.

Ali, Zainuddin, Legal Research Methods, Sinar Grafika, Jakarta, 2009,

Amiruddin and Zainal Asikin, Introduction to Legal Research Methods, Raja Grafindo Persada, Jakarta, 2004.

Ashshofa, Burhan, Legal Research Methods, Rineka Cipta, Jakarta, 2006

Bakri, Muhammad, The Right to Dominate Land by the State (New Paradigm for Agrarian Reform), Yogyakarta, Citra Media, 2007.

Budiman, Arif, State Theory of Power and Ideology, Jakarta, Gramedia Pustaka Utama, 2007.

Fajar, Mukti & Yulianto Achmad, Dualism of Normative and Empirical Law Research, Student Library, Yogyakarta, 2010.

Friedman, W. General Theory and Philosophy, Jakarta, Raja Grafindo Persada, 2006.

Hadi, Sutrisno, National Research Methodology, Akmil, Magelang, 2007

Hardjasoemantri, Koesnadi, Environmental Law, Yogyakarta, Gajah Mada University Press, 2009.

Harsono, Boedi, Indonesian Agrarian Law (History of the Establishment of the Basic Agrarian Law, Content and Implementation), Djambbatan, Jakarta, 2014.

HS, Salim and Erlies Septiana Nurbaini, Application of Legal Theory in Thesis and Dissertation Research, RajaGrafindo Persada, Jakarta, 2013.

Hutagalung, Arie Sukanti and Markus Gunawan, Government Authority in the Land Sector, Raja Grafindo Persada, Jakarta, 2011.

Ibrahim, Johnny, Normative Law Research Theory and Methodology, Bayumedia Publishing, Malang, 2008.

Iskandar, Mudakir, The Right to Use Business and the Right to Use Building the Source of Land Conflict, Lentera Ilmu Cendekia, Jakarta, 2014.

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Published

2024-01-25

How to Cite

Putra, I., Noor, T., & Nurita, C. (2024). JURIDICAL ANALYSIS OF THE ROLE OF PPAT IN THE TRANSITION AND IMPROVEMENT OF THE STATUS OF BUILDING USE RIGHTS TO PROPERTY RIGHTS (Study at the Notary Office/PPAT Medan City). Jurnal Meta Hukum, 3(1), 30-48. https://doi.org/10.47652/jmh.v3i1.710