LEGAL STANDING ATAS HAK GUNA BANGUNAN YANG BERAKHIR

Abstract

This article analyzes legal standing over expired Building Use Rights (Hak Guna Bangunan/HGB) in a lease dispute through the Semarang District Court Decision Number 593/Pdt.G/2022/PN Smg and the Semarang High Court Decision Number 353/PDT/2023/PT SMG. The study focuses on three main issues: how judges assess the expiration of HGB in relation to the legal status of buildings standing on it, whether the expiration of HGB produces juridical consequences for payment obligations in a lease relationship, and how judges consider the expiration of HGB in determining legal standing and the right to claim over the disputed object. This research employs a normative juridical method using statutory, case, and conceptual approaches. Primary legal materials consist of legislation and court decisions, while secondary materials are derived from relevant legal scholarship. The findings show that the expiration of HGB does not automatically extinguish all legal consequences of a lease agreement, particularly payment obligations that had already fallen due, but it significantly affects the continued enforcement of contractual rights over the disputed object. Moreover, the appellate court treated the expired status of HGB as the basis for finding that the plaintiffs no longer had sufficient legal standing to claim the disputed object. This article argues that in land-based contractual disputes, the success of a claim depends not only on proving contractual default, but also on the continuity of land rights and the clarity of the claimant’s legal standing.