Juridical Review Of The Implementation Of The Extension Of The Certificate Of Building Use Rights Which Is Above The Land Management Rights Of The Pekanbaru City Government

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Juridical Review of the Implementation of the Extension of the Certificate of Building Use Rights which is on the Land of Pekanbaru City Government Management Rights

Introduction

The Certificate of Building Use Rights (SHGB) is a crucial document that grants individuals or entities the right to use buildings on managed land. However, this certificate has a limited validity period and must be extended in accordance with applicable regulations. In Pekanbaru City, the extension of the SHGB on land rights requires supporting documents, including agreements and approval letters from the management rights holder. The rejection of extension requests by the local Land Office due to the lack of these documents has become a significant issue.

Constraints in Certificate Extension

The certificate holder faces several obstacles when applying for an extension. Firstly, the lack of understanding of the requirements necessary for the certificate extension is a significant constraint. Often, the petitioner does not realize that the agreement and approval from the city government are absolute requirements. This lack of understanding can lead to the rejection of the extension request.

Secondly, conflicts of interest between rights holders and local governments can also affect the submission process. For instance, if there is a problem of land management or use that has not been resolved, the government has the right to reject the application for extension. This conflict can lead to a stalemate, resulting in the rejection of the extension request.

Legal Consequences

As a result of the law from the rejection of the request for an extension of the SHGB, the land will be re-controlled by the Pekanbaru City Government. This means that the SHGB holder loses the rights to the land and buildings above it. The Pekanbaru City Government subsequently has full rights to establish new regulations, including the possibility of handing over land use to other parties.

Third parties who have buildings on the land can submit compensation in accordance with the value of the building that has been built. This compensation is a form of redress for the loss of rights to the land and buildings. However, the amount of compensation may vary depending on the value of the building and the applicable regulations.

Legal Efforts

For certificate holders who have experienced rejection, there are several legal steps that can be taken. Firstly, the applicant can negotiate with the city government to get the necessary approval. This negotiation can help to resolve any conflicts of interest and ensure that the required documents are completed.

Secondly, third parties can apply for an agreement to the Pekanbaru City Government, with the condition that the land use remains in accordance with the Regional Spatial Plan (RTRW). This provision is important so that the government can issue a letter of approval to extend the Certificate of Building Use Rights.

Conclusion

The extension of the Certificate of Building Use Rights on Land Management Rights in the Pekanbaru City Government requires special attention to existing regulations. The right holder must ensure that all required documents are completed to avoid rejection of the application. Meanwhile, the Pekanbaru City Government has the right to enforce regulations for the sake of better land use.

This study shows the importance of good communication between rights holders and local governments so that the certificate extension process can run smoothly and in accordance with applicable regulations. By understanding the constraints and legal consequences of the certificate extension, certificate holders can take the necessary legal steps to resolve any issues and ensure the successful extension of their Certificate of Building Use Rights.

Recommendations

Based on the findings of this study, the following recommendations are made:

  1. Improved Communication: The Pekanbaru City Government and certificate holders should improve communication to ensure that all required documents are completed and that any conflicts of interest are resolved.
  2. Clear Regulations: The Pekanbaru City Government should establish clear regulations for the extension of the Certificate of Building Use Rights, including the required documents and the process for approval.
  3. Training and Education: The Pekanbaru City Government should provide training and education to certificate holders on the requirements for the extension of the Certificate of Building Use Rights and the process for approval.
  4. Dispute Resolution: The Pekanbaru City Government and certificate holders should establish a dispute resolution mechanism to resolve any conflicts of interest and ensure that the certificate extension process runs smoothly.

By implementing these recommendations, the Pekanbaru City Government and certificate holders can ensure that the certificate extension process runs smoothly and in accordance with applicable regulations.

Limitations of the Study

This study has several limitations. Firstly, the study is based on a case study of the Pekanbaru City Government and may not be generalizable to other cities or regions. Secondly, the study relies on secondary data and may not provide a comprehensive understanding of the certificate extension process.

Future Research Directions

Future research should focus on the following areas:

  1. Comparative Study: A comparative study of the certificate extension process in different cities or regions can provide a comprehensive understanding of the process and identify best practices.
  2. Qualitative Study: A qualitative study of the certificate extension process can provide a deeper understanding of the process and identify any challenges or obstacles that certificate holders may face.
  3. Quantitative Study: A quantitative study of the certificate extension process can provide a statistical analysis of the process and identify any trends or patterns.

By conducting future research in these areas, researchers can provide a more comprehensive understanding of the certificate extension process and identify any areas for improvement.

References

  1. Regulation of the Minister of Public Works and Housing No. 16/2018: This regulation provides the framework for the extension of the Certificate of Building Use Rights.
  2. Regional Spatial Plan (RTRW): This plan provides the framework for land use in the Pekanbaru City Government.
  3. Pekanbaru City Government Regulation No. 1/2019: This regulation provides the framework for the extension of the Certificate of Building Use Rights in the Pekanbaru City Government.

By understanding the regulations and plans that govern the certificate extension process, certificate holders can ensure that their application is successful and that they comply with all applicable regulations.
Frequently Asked Questions (FAQs) about the Juridical Review of the Implementation of the Extension of the Certificate of Building Use Rights

Q: What is the Certificate of Building Use Rights (SHGB)?

A: The Certificate of Building Use Rights (SHGB) is an official document that grants individuals or entities the right to use buildings on managed land.

Q: What is the purpose of the SHGB?

A: The purpose of the SHGB is to provide a clear and legal basis for the use of buildings on managed land, ensuring that the rights of the landowner and the user are protected.

Q: What is the validity period of the SHGB?

A: The SHGB has a limited validity period, which varies depending on the applicable regulations. In general, the SHGB must be extended in accordance with the applicable regulations.

Q: What are the requirements for the extension of the SHGB?

A: The requirements for the extension of the SHGB include the submission of supporting documents, such as agreements and approval letters from the management rights holder.

Q: What happens if the SHGB holder submits an extension request without attaching the required documents?

A: If the SHGB holder submits an extension request without attaching the required documents, the local Land Office may reject the request.

Q: What are the legal consequences of the rejection of the SHGB extension request?

A: The rejection of the SHGB extension request can result in the land being re-controlled by the Pekanbaru City Government, and the SHGB holder losing the rights to the land and buildings above it.

Q: What are the legal steps that can be taken by the SHGB holder if the extension request is rejected?

A: The SHGB holder can negotiate with the city government to get the necessary approval, or apply for an agreement to the Pekanbaru City Government, with the condition that the land use remains in accordance with the Regional Spatial Plan (RTRW).

Q: What is the importance of good communication between rights holders and local governments in the certificate extension process?

A: Good communication between rights holders and local governments is essential to ensure that the certificate extension process runs smoothly and in accordance with applicable regulations.

Q: What are the recommendations for improving the certificate extension process?

A: The recommendations include improved communication, clear regulations, training and education, and dispute resolution mechanisms.

Q: What are the limitations of this study?

A: The study is based on a case study of the Pekanbaru City Government and may not be generalizable to other cities or regions. The study relies on secondary data and may not provide a comprehensive understanding of the certificate extension process.

Q: What are the future research directions?

A: Future research should focus on comparative studies, qualitative studies, and quantitative studies to provide a more comprehensive understanding of the certificate extension process.

Q: What are the references used in this study?

A: The references used in this study include the Regulation of the Minister of Public Works and Housing No. 16/2018, the Regional Spatial Plan (RTRW), and the Pekanbaru City Government Regulation No. 1/2019.

By understanding the FAQs about the juridical review of the implementation of the extension of the Certificate of Building Use Rights, certificate holders can ensure that their application is successful and that they comply with all applicable regulations.