Discretion of the Head of the Land Office regarding the Expiration of the Building Use Rights Certificate asthe Object of Mortgage Rights

DOI

10.2991/978-2-38476-356-6_53How to use a DOI?

Keywords

Discretion; building use rights certificate; object of mortgage rights

Abstract

Using discretion, public servants can solve real-world issues that arise in the course of running the government, such as the lack of regulation by statute. According to Article 87 paragraph (1) According to Regulation Number 18 of 2021 by the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency regarding the Procedures for Determining Management Rights and Land Rights, building use rights certificates are valid for 30 years, with the possibility of a 20-year extension and a maximum 30-year renewal. The goal of this study is to philosophically examine the rule of law principle, which forbids the application of legal standards in a retroactive manner. On the other hand, contemporary legal theory has examined various elements of exceptions to these broad legal principles. With a philosophical and conceptual perspective, this research is legal normative research. Building use rights certificates (SHGB), one of the items created by government officials, do not have an expiration date, according to the research findings. This implies that the SHGB’s validity period may be extended and that creditors holding material guarantees (KPJK) may use the SHGB as collateral. If the extension is not carried out, the HGB will be deleted, along with the mortgage rights that follow. A remedy is provided by Law Number 30 of 2014 regarding Government Administration, as stated in Article 58 paragraph (6). The Head of the Land Office, a government authority, may decide to grant SHGB extensions on land rights for a retroactive period, using this clause. This is to avoid the erasure or cancellation of mortgage rights as a result of breaking legislative requirements.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Untoro Untoro
AU  - Hamdan Azhar Siregar
PY  - 2025
DA  - 2025/02/11
TI  - Discretion of the Head of the Land Office regarding the Expiration of the Building Use Rights Certificate asthe Object of Mortgage Rights
BT  - Proceedings of the 2nd International Conference Changing of Business Law (ICOCLB 2024)
PB  - Atlantis Press
SP  - 487
EP  - 493
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-356-6_53
DO  - 10.2991/978-2-38476-356-6_53
ID  - Untoro2025
ER  -