International Journal of Law
International Journal of Law
International Journal of Law
Vol. 5, Issue 6 (2019)

Civil relations regulation after the expiration of building rights


Ida Nurhayati, Lego Karjoko

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.
Download  |  Pages : 61-64
How to cite this article:
Ida Nurhayati, Lego Karjoko. Civil relations regulation after the expiration of building rights. International Journal of Law, Volume 5, Issue 6, 2019, Pages 61-64
International Journal of Law