Legal Position of a Deed of Release of Rights Made by a Notary for Building Use Rights Objects which the Term has expired

Abstract : The position of land as an asset that drives the economy and has a positive impact on economic development and development. HGB can be given a maximum period of 30 years and can be extended for a maximum period of 20 years. An application for renewal of HGB can be submitted no later than 2 years after the period or extension ends, in Article 95 Number 2 of Permen ATR/BPN 18/2021. If no extension/renewal is made, based on Article 11 of Permen ATR/BPN 18/2021, land that has exceeded its rights period automatically becomes state land. An interesting legal issue to be studied in this study is the HGB object that is controlled for a period of 30 years by the rights holder but is not renewed/extended, after several years all heirs of the former HGB owner release it to the new rights recipient with compensation based on a deed of release of rights made by a Notary. The deed raises legal problems related to its validity and legal certainty, because the object is state land. The researcher determines the problem, namely: What is the legal status of a deed of release of rights made by a Notary for an HGB object whose term has expired? This research is a normative juridical study using a statutory approach, a conceptual approach, and a historical approach. Research Results The legal status of a deed of release of rights for an HGB object is that the deed provides Priority Rights owned by the former HGB holder. This Priority Right can be used as a basis for the former rights holder to transfer his rights to the new rights owner. Because the HGB object whose term has expired is not the right of the HGB subject but state land, so the status of the deed of release is null and void.