Dissa Chandra Iswari (2022) Hak Tanggungan Pada Hak Guna Bangunan Di Atas Tanah Hak Milik Yang Berakhir Jangka Waktu. Thesis thesis, UNIVERSITAS AIRLANGGA,.

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Abstract

Land is one of the element that is needed in human life so it must be utilized for the prosperity of the people. In order to avoid conflict, the regulation about the rights and obligations of each individual regarding the status of land rights must be regulated in writing. According to Article 51 of the UUPA, land rights in the form of Ownership Rights, Cultivation Rights and Building Use Rights can be given with Mortgage Guarantees. Mortgage rights can be imposed on land with Building Use Rights which stands on land with Ownership Rights, on land with Management Rights and on State Land. Article 37 Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration states that Building Use Rights on State Land and Land Management Rights are granted for a maximum period of 30 (thirty) years and can be extended for a maximum period of 20 (twenty) years, while the Building Use Right on Ownership Rights is granted for a maximum period of 30 (thirty) years and cannot be extended, but can be renewed with a deed of granting building rights over the right of ownership. Thus, writer have some questions that written in problem formulation. First problem formulation questioning about validity of the Bulding Use Right which stands on land with Ownership Rights, and second problem formulation questioning about the existence if the Mortgage Rights are imposed on the Land with Building Use Rights whose period has expired. This thesis using Statute Approach and Conceptual Approach to answer the questions.

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