Legal Problems in Settlementing the Sale and Purchase of Land and Buildings with Expired Building use Rights

Abstract

Abstract. This study aims to analyze the legal status of the sale and purchase of HGB land objects whose validity period has expired and to identify obstacles and formulate solutions to resolve legal problems arising from these transactions. The problem-solving approach used in this thesis is a socio-legal approach with analytical descriptive research specifications. The sources and types of data for this thesis use primary data in the form of interviews and secondary data in the form of primary, secondary, and tertiary legal materials. Data collection for this thesis was conducted through interviews and literature studies, which were then analyzed using qualitative analysis. The results of the study indicate that the sale and purchase of HGB land carried out after its validity period has expired is null and void by law, because the land has the status of state land and cannot be the object of transfer of rights through sale and purchase. Obstacles found include a lack of public knowledge regarding the validity period of HGB, a weak land administration system that results in delays in data updates, and differences in legal interpretation between interested parties. The land can still be sold and purchased in 2 (two) stages, namely the sale and purchase of buildings first, and after that an application for rights from State Land to Freehold Land is made. Regarding the seller's responsibility, it has been stated in a Deed entitled Deed of Sale and Purchase of Building and Transfer of Rights made by a Notary and this deed is also a requirement for applying for rights to the Land Office in Kendal Regency.

Keywords: Building Use Rights Have Expired; Deed of Sale; Purchase; Sale and Purchase; Transfer of Rights.