Legal Implications of Building Use Rights Certificates Without Land Status Information: Consumer Protection and the Responsibility of the National Land Agency

Abstract: This research examines the legal uncertainties arising from the issuance of Building Use Rights (HGB) certificates on land with Management Rights (HPL) owned by the Special Capital Region of Jakarta. The lack of clarity in the National Land Agency's certificate, which does not explicitly state that the building use rights are based on land management rights, leads to confusion and a sense of deception among consumers, making this issue crucial. This issue holds significant importance as the National Land Agency's certificate, which does not explicitly state that building use rights are based on land management rights, leads to consumer confusion and feelings of deception. When consumers applied for a certificate extension 20 years after the National Land Agency issued the Certificate Extension Decision Letter, the agency abruptly retracted both the Decision Letter and the certificate. This was due to the BPN's recent realization that the land was under Land Management Rights. This research uses a normative juridical approach to analyze the legal responsibility of the National Land Agency in the issuance of certificates. The data collection technique uses document studies, while the analysis technique uses court decision studies. Research results indicate that Building Use Rights (HGB) certificates that do not specify the type of land—whether it is on state land, Land Management Rights, or ownership rights—have the potential to harm consumers and cause legal disputes. Therefore, this study recommends land policy reforms to ensure legal certainty and consumer rights protection in property transactions. Keywords: Building Use Rights, Land Management Rights, Land Certificate, Legal Certainty, National Land Agency

Authors

Institutions

Publication Details

Journal
BHUMI Jurnal Agraria dan Pertanahan
Published
2024-11-08
DOI
https://doi.org/10.31292/bhumi.v10i2.790
Primary Topic
Regional Development and Environment
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Legal Implications of Building Use Rights Certificates Without Land Status Information: Consumer Protection and the Responsibility of the National Land Agency

R. Sani, Suartini Suartini
BHUMI Jurnal Agraria dan Pertanahan
Regional Development and Environment
article

Legal Implications of Building Use Rights Certificates Without Land Status Information: Consumer Protection and the Responsibility of the National Land Agency

R. Sani, Suartini Suartini
article en

Abstract

Abstract: This research examines the legal uncertainties arising from the issuance of Building Use Rights (HGB) certificates on land with Management Rights (HPL) owned by the Special Capital Region of Jakarta. The lack of clarity in the National Land Agency's certificate, which does not explicitly state that the building use rights are based on land management rights, leads to confusion and a sense of deception among consumers, making this issue crucial. This issue holds significant importance as the National Land Agency's certificate, which does not explicitly state that building use rights are based on land management rights, leads to consumer confusion and feelings of deception. When consumers applied for a certificate extension 20 years after the National Land Agency issued the Certificate Extension Decision Letter, the agency abruptly retracted both the Decision Letter and the certificate. This was due to the BPN's recent realization that the land was under Land Management Rights. This research uses a normative juridical approach to analyze the legal responsibility of the National Land Agency in the issuance of certificates. The data collection technique uses document studies, while the analysis technique uses court decision studies. Research results indicate that Building Use Rights (HGB) certificates that do not specify the type of land—whether it is on state land, Land Management Rights, or ownership rights—have the potential to harm consumers and cause legal disputes. Therefore, this study recommends land policy reforms to ensure legal certainty and consumer rights protection in property transactions. Keywords: Building Use Rights, Land Management Rights, Land Certificate, Legal Certainty, National Land Agency

BHUMI Jurnal Agraria dan PertanahanVol. 10(2)
Universitas Muhammadiyah Tangerang (ID), Universitas Muhammadiyah Jember (ID), Al-Azhar University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 68%
Regional Development and Environment
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.