Validity of Clause Automatic Renewal Land Lease Agreement for Telecommunication Towers

Abstract

The lease agreement is generally a consensual agreement, meaning that it is binding on the second the agreement is reached and the respective parties are bound in it. The Civil Code does not explicitly determine the form of a rental agreement made, whether written or oral. The parties are given the freedom to determine the contents of the agreement, its implementation and terms. In practice, lease agreements for buildings or land are made in written form and the contents of the agreement have been formulated by the parties or just one of the parties, either in the form of an authentic deed or a deed under hand. Lease agreement made between PT. Profesional Telekomunikasi Indonesian with land owners is an agreement in which there are certain conditions, one of which is the automatic renewal clause of the lease term, however, this clause often creates disputes between the parties in its implementation. The problems discussed in this thesis are: 1). Is the inclusion of clauses for automatic renewal land lease agreements for telecommunication towers owned by PT. Profesional Telekomunikasi Indonesian are allowed under the engagement law? 2). What is the settlement if the land owner does not accept the automatic renewal land lease agreement for the telecommunication tower owned by PT. Profesional Telekomunikasi Indonesian? This research is descriptive in nature. The data used are primary data and secondary data. Sources of data in this study are library research and field research. Data were collected through interviews and document study. The data obtained were processed through editing and coding, then analyzed using qualitative analysis. Furthermore, the data is presented descriptively. Based on the research results, the authors concluded: 1). Inclusion of clauses for automatic renewal land lease agreements for telecommunication towers owned by PT. Profesional Telekomunikasi Indonesian have complied with the legal provisions of the agreement, and have fulfilled the legal requirements of the agreement even though in its implementation it still creates conflicts with land owners because it does not provide a sense of justice for land owners. 2) The settlement if the land owner does not accept the automatic renewal land lease agreement for the telecommunication tower owned by PT. Profesional Telekomunikasi Indonesian can be carried out by means of deliberation if the conflict remains unresolved, then the attempt for an arbitration lawsuit will be the final way to resolve it.