| Title | PERLINDUNGAN HUKUM PIHAK KETIGA (PENYEWA) TERHADAP INVESTOR AKIBAT TIDAK MELEPASKAN HAK GUNA BANGUNAN PASCA PEMUTUSAN KONTRAK BAGI TEMPAT USAHA |
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| Author Order | 2 of 3 |
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| Accreditation | 6 |
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| Abstract | Uncertainty of the status of the building rights after the termination of the contract forÃÂ the place of business has an impact on third parties (tenants) who do not get certaintyÃÂ to who pays the lease obligations. Each party, both from the Tegal City RegionalÃÂ Government and the Investor claim as the right party. Even since the settlement of theÃÂ peace agreement for the implementation of the Reinjection Decision NumberÃÂ 413/PK/Pdt/2008 (from the Investor's lawsuit against the Tegal City Government) afterÃÂ the termination of the contract for the place. The tenant gets uncertainty again when theÃÂ Investor's lawsuit against the tenant after receiving the morning market compensationÃÂ from the Tegal City Government, increasingly becomes unclear the status of the HGB forÃÂ the stall occupied.This study uses a normative juridical approach to analyze court decisions andtermination of agreements and legal protection. The research specification is descriptiveanalytic and the analysis is based on secondary data.ÃÂ Termination of the contract for the place of business does not necessarily meanÃÂ that the status of the HGB has also been transferred. This must bedone with theÃÂ release of rights as regulated in Article 35 of Government Regulation Number 40 of 1996,ÃÂ Land Use Rights, Building Use Rights, and Land Use Rights, namely paragraph 1 (c) , inÃÂ the case of the author who raised the status of the HGB above the HPL of Block B and CÃÂ of the Tegal City Morning Market after the termination of the contract for the place ofÃÂ business is still on behalf of the Investor as the rights holder. Legal protection for thirdÃÂ parties/tenants is the first repressive form of protection which is reflected in theÃÂ objection ruling Decision Objection. Number 7/Pdt.G.S/2018/PN. The Tegal DistrictÃÂ Court's claim from an investor that was declared unacceptable refers to theÃÂ implementation of a peace agreement between the Tegal City Government and theÃÂ Investor. |
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| Publisher Name | MIH Unsoed |
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| Publish Date | 2020-03-06 |
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| Publish Year | 2020 |
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| Doi | DOI: 10.20884/1.jih.2020.6.1.130 |
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| Citation | |
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| Source | Jurnal Idea Hukum |
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| Source Issue | Vol 6, No 1 (2020): Jurnal Idea Hukum |
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| Source Page | |
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| Url | http://jih.fh.unsoed.ac.id/index.php/jih/article/view/130/110 |
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| Author | TRI LISIANI PRIHATINAH, S.H., Ph. D. |
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| File | 1904452.pdf |
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