The Legality of Rental Agreements are Still Binded by Third Parties (Study at PT SBT BATAM)

Abstract

In the past, relations between communities were limited to people who knew each other based only on mutual belief. However, human life and environment are increasingly developing so that the relationship between communities is not only based on trust, but is based on an agreement that explains the rights and obligations of the parties, as well as a means of evidence if problems arise in the future. Such adjustments can be in the form of changes to the provisions of the agreement contents and / or due to things that have not been regulated or have not been sufficiently regulated in the original agreement. There are no provisions and rules that prohibit the parties from making an addendum while the parties know and agree to the addendum to the agreement. In accordance with the actions that have been taken by the company, namely PT SBT which is located in Batam. The company entered into several agreements one of which is the land lease agreement that has been proven in the Deed of Lease Agreement between PT SBT and PT TDC with Deed Number 155 dated December 28, 1994, made by a Notary, with a period of up to 2001. After the lease agreement period expires, PT TDC conducted a lease with PT SPG in the context of an extension of the land lease agreement in Batam and the release / transfer of the shares of PT SBT which was made in Deed No. 28 dated 12 February 2002 made by a Notary, with a period of up to 2021. After several months on the extension of the lease according to Deed No. 28 dated February 12, 2002, an addendum to the agreement on Deed No. 155 dated December 28, 1994, was carried out by the parties, namely PT TDC and PT SBT with Deed No. 153 dated June 28, 2002 made by a Notary. This creates uncertainty over the implementation of the agreement because the objects of the agreement are the same, namely a land area of 10,000 M2 (ten thousand square meters) located in Batu Ampar, Batam. With the existence of 2 (two) deeds with the same purpose and purpose, namely land leasing, there is an overlap in the implementation of the agreement as evidenced in different deeds. This has an impact on the absence of legal certainty, where certainty is an action to provide clarity in carrying out legal actions when implementing a lease agreement. Based on the description above, the writer will examine the problem.