Problems With The Provision Of Building Use Rights To A Limited Liability Company/Commanditaire Vennootschap (CV)

Abstract

Circular Letter No. 2/SE-HT.02.01/VI/2019 concerning the Granting of HGB for CVs that have been issued provides an opportunity for non-legal entities in the form of CVs to apply for land rights in the form of HGB. The policy of the Minister of Agrarian & Spatial Planning / BPN aims to provide convenience for CV in increasing investment. The purpose of giving HGB to CV is in an effort to increase investment and it is hoped that having HGB will make it easier for CV to increase its working capital by applying for a loan to the bank. This research is a qualitative research with operationalization carried out according to the constructivism paradigm. The substance of the research is normative, namely legal research by examining legal materials (library studies) or secondary data. The type of data used is secondary data, namely data obtained from the results of a literature review or various literature or library materials to laws and regulations relating to research problems. The analysis technique is descriptive qualitative and based on the results of the analysis then interpreted or interpreted by law through grammatical interpretation and systemic interpretation. The results of the study show that: 1) Shared ownership in the CV of the HGB land certificate by including the names of allies, if properly implemented, will certainly lead to injustice and in the end, if the Circular Letter is actually enforced, it will clearly not provide benefits; 2) Legislation as a result of a shift in policy will eventually lead to injustice, and the occurrence of injustice will cause no benefit. Law enforcement that actually causes unrest among the people should be avoided, while rules made imperfect and not aspirational will result in injustice; and 3) The granting of HGB to CVs based on the Ministerial Circular Letter Number 2/HT.02.01/VI/2019 does not provide legal certainty. The law must be able to create certainty in society. Based on the existing elements, CV only fulfills the requirements of a non-legal entity because there is no separation between CV's assets and the assets of the partners. The position of the Circular Letter is not in the hierarchy of laws and regulations but is only limited to policy regulations that should be notified and not create new legal norms.