LEGAL PROTECTION FOR HOLDERS OF BUILDING USE RIGHTS ON LAND MANAGEMENT RIGHTS

Abstract

The problems related to land in Indonesia seem endless. The increasing population causes the need for land, such as developing residential areas, industry, tourism, or other purposes. In contrast, the land available for it stays the same or is permanent. In this study, the period of the Building Use Rights ended in 2001; the community should have increased their Building Use Rights or upgraded the status of the Building Use Rights to property rights when 2 (two) years before the Building Use Rights expired. As the owner of the Management Right, the local government can evict (evict) the owner of the Building Use Rights above the Management Right. Still, the government must also prioritize the rights of citizens, especially regarding the right to get healthy housing. Legal protection for the community is essential to maintain harmony and integrity in the life of the nation and state. The existence of transparent laws and regulations that are by the wider community's needs is one of the foundations for the community to protect the existing and future land. Management rights are the right to control land from the state whose implementation authority is partially delegated to its holders. Land management rights can be given to other parties as Building Use, Property, or Use Rights. For the Building Use Rights above the management rights, if this will be used as collateral, the dependent rights are installed for the benefit of creditors with the approval of the management right holders. The method used in this study is a socio-legal research approach, which is sourced from collecting primary and secondary data and then analyzed using qualitative analysis methods. The results of the researcher's findings show that the Building Use Rights that stand on the management rights can be burdened with dependent rights but must obtain approval from the holder of the management rights.