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Indonesian Notary

Abstract

The strongest and fullest nature of property rights can make land with ownership status a parent to other landrights, one of which is the leasehold right for a building. Leasehold for a building on owned land means the owner of the land leases it in its vacant state with the purpose that the tenant can erect a building on it, and the building erected becomes the property of the tenant. The issue that arises in Decision Number 107/PDT/2021/PT BDG is when an agreement is made verbally, resulting in uncertainty and legal fairness for the parties involved. The legal relationship in a lease agreement for a building is a complex legal relationship. The presence of the horizontal separation principle where each object owned by the parties overlaps requires legal certainty for the parties involved. This research analyzes the legal strength of a verbal and indefinite lease agreement for building land on owned land and the position of the leasehold right for a building on owned land based on the horizontal separation principle in Decision Number 107/PDT/2021/PT BDG. This study uses a doctrinal method with a descriptive research type. The results of this study indicate that the legal strength of a verbal and indefinite lease agreement for building land on owned land between Mr. MLB (owner of the house) and Mr. YS (landowner) is not legally binding because Mr. MLB cannot prove ownership of the house on Mr. YS's land de jure. Since the ownership status of the house cannot be proven de jure, the position of the leasehold right for a building on owned land based on the horizontal separation principle in Decision Number 107/PDT/2021/PT BDG is that the leasehold right for the building is subordinate to the ownership right.

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