PEMBEBANAN HAK TANGGUNGAN PADA HAK GUNA BANGUNAN DI ATAS TANAH HAK PENGELOLAAN BADAN PENGUSAHAAN BATAM

MUHAMMAD KHAIRUL HAKIM. E.N, 19283220 (2024) PEMBEBANAN HAK TANGGUNGAN PADA HAK GUNA BANGUNAN DI ATAS TANAH HAK PENGELOLAAN BADAN PENGUSAHAAN BATAM. Diploma thesis, Sekolah Tinggi Pertanahan NAsional.

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Abstract

The Burdening of Encumbrances on the Right of Management over the Batam Indonesia Free Zone Authority (BP Batam) ranks first in the Riau Islands Province with an average of 40 to 120 applications per day. The city of Batam itself holds its unique status where a portion of land rights is in the form of Management Rights managed by BP Batam. According to Government Regulation No. 18 of 2021, Article 13 Paragraph (2), it is stated that any legal actions must obtain recommendations from the holder of the Management Rights. BP Batam itself has provided recommendations through the Land Utilization Agreement (SPPT). However, during the implementation of these activities, there is a misunderstanding from BP Batam regarding the revocation of Government Regulation No. 40 of 1996. This was then substantiated by the issuance of BP Regulation No. 26 of 2021 and the existence of agreements within the SPPT that contradict the provisions of Ministry of Agrarian Affairs and Spatial Planning (ATR/BPN) Regulation No. 18 of 2021, which is the implementing regulation of Government Regulation No. 18 of 2021.In the process of encumbering the Right of Encumbrance, it is not always smooth; sometimes the debtor defaults, giving the creditor the authority for execution based on the Deed of Granting Encumbrance, as well as the consequences after the execution of the Encumbrance Right.The purpose of this research is to: (1) Understand the stages of implementing the encumbrance of the Encumbrance Right on the Right of Building Use over the Management Right; (2) Determine the legal consequences of implementing the Deed of Granting Encumbrance that does not comply with procedures; (3) Identify the consequences arising from the Deed of Granting Encumbrance on the Management Right. This study is an empirical juridical study with the aim of addressing the issues raised by the author. The results of the research indicate that there is no significant difference in the implementation of the Encumbrance Right in comparison to other areas. However, the process requires a recommendation from the Management Right holder. Both Deeds of Granting Encumbrance serve the purpose of protecting the creditor against costs incurred by the creditor. Thirdly, if there is a legal defect in the implementation of the Deed of Granting Encumbrance, execution cannot be carried out; however, if it is in compliance, execution can proceed. However, in the execution of the Encumbrance Right and post-execution, inconsistencies are found. Post the issuance of Government Regulation No. 213/2020, it was not directly applied. Additionally, Government Regulation No. 24 of 1997 only requires a transcript of the auction proceedings, Ministry of ATR/BPN Regulation No. 18 of 2021 states that no fees are charged, yet in the implementation in Batam City, a permit for transfer is required, and a fee of 2.5% is imposed. Based on these findings, it is hoped that the drafting of BP Batam Regulations will be in accordance with the regulations above. Keywords: Encumbrance Right, BP Batam, Execution

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