KEPASTIAN HUKUM TERHADAP PEROLEHAN HAK ATAS TANAH DAN BANGUNAN SEHUBUNGAN DENGAN PERALIHAN DARI OBJEK SEWA GUNA USAHA MENJADI SEWA BELI

Abstract

Land is a basic human need that is used for various activities. Article 28h paragraph (1) of the 1945 Constitution recognizes the right of everyone to live in prosperity and live in a good environment. Article 33 paragraph (3) of the 1945 Constitution affirms the right of the Indonesian nation to natural resources. The agreement is legally binding on all parties and provides certainty for the resolution of disputes. There are different types of agreements, including lease and purchase.A lease agreement involves an option right for a tenant to purchase goods or extend a lease. There are problems related to the transition of leasing objects into leases that come to litigation. The formulation used in this study is how the process of leasing turned into lease purchase in terms of applicable laws and regulations? And what about legal certainty on the acquisition of land and building rights that change from lease to lease? The theory used in this study is the theory of legal certainty according to Jan Michael Otto. The method used in this study with the type of normative juridical research in the form of legal material literature or secondary data with sources of primary, secondary and tertiary legal materials. The research approach that used the approach of legislation, conceptual, analytical and case and collection techniques of legal material is done by identifying and inventorying the rules of positive law, literature books, journals and other sources of legal materials. For legal material analysis techniques carried out with the interpretation of grammatical and systematic laws. The results showed that the context of the transition from leasing to lease purchase, it can be seen that this process involves various parties with agreements that regulate their rights and obligations. Legal certainty in the transition from leasing to lease purchase is a principle that provides clarity and certainty for all parties involved in this transaction. This transition involves a change in the legal status of the right of lease to the right of ownership, which has a significant legal impact. Therefore, the consent and agreement of all parties involved is very important. Special legal regulations are needed regarding the transition from leasing to lease purchase. This regulation should set out in detail the processes, requirements, rights and obligations involved in this transition, so that all parties have clear guidelines