Refusal of Extension of Building Use Rights Over Management Rights on Land (Study of Supreme Court Decision Number 1343/K/Pdt/2021)

Abstract

Building use rights (HGB) with certificate No. 172 and HGB No. 213 Pisang Selatan is located at Jln. Sungai Saddang, Ruko Latanete Plaza Blok C.No. 1 & 2 Makassar, granted over the Right to Management of the Regional Government of South Sulawesi Province in the name of Herman Suryanto, which was legally obtained in 2008, with the expiration of the two HGB on September 5, 2011 After the expiration of the HGB period, Herman Suryanto (Plaintiff) submitted an application for an extension of the HGB according to the applicable procedure. This was done by submitting an application to the Regional Government of South Sulawesi through the South Sulawesi Regional Company (Defendant). In this process, the Plaintiff obtained the Approval and Statement regarding the HGB Extension of the Latanete Ruko Complex by the Director of the South Sulawesi Regional Company as the Defendant. When the Plaintiff submitted an application for an extension of the HGB for the shop-house building to the Makassar Regency Land Office, it turned out that there had been a change of management at the South Sulawesi Regional Company (Defendant). The new management then made a request to block the request for an extension of the HGB on behalf of the Plaintiff to the Makassar Regency Land Office, so that the Plaintiff felt very aggrieved by this. The problem was finally resolved through a court which finally reached the Supreme Court with Supreme Court Decision Number 1343/K/Pdt/2021. So it is interesting to conduct a study of the judge's considerations in rejecting the extension of the HGB.