Legal Literacy - This article discusses the importance of registration lease agreement of land in Indonesia to ensure legal certainty. This registration not only documents land ownership but also serves as a recht kadaster and fiscal kadaster. In the context of recht kadaster, the registration of transfer of rights and recording of land lease agreements is vital to provide legal protection for all parties involved. The registration of lease agreements on land certificates provides legal force recognized by third parties and reduces the risk of disputes in the future.
Land registration in Indonesia plays a crucial role in the land law system. This registration not only aims to document land ownership but also has a dual function, namely recht kadaster and fiscal kadaster. Recht kadaster aims to provide legal certainty for parties who register, while fiscal kadaster relates to taxation aspects. In the context of recht kadaster, the registration of transfer of rights and the recording of lease agreements are important steps to provide legal certainty for all parties involved.
The registration of lease agreements on land rights certificates is often ignored by many parties. In fact, this registration is vital in providing legal protection for both landowners and tenants. With registration, the lease agreement has stronger legal force and is recognized by third parties. Lease rights are actually recognized in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, but the mechanism for registering lease agreements has only been widely regulated after the issuance of Government Regulation Number 18 of 2021. This rule is explicitly stated in Article 90 of Government Regulation Number 18 of 2021 as an implementing regulation after the issuance of the Job Creation PERPU.
The article states, "Interested parties may submit an application for registration of a sale and purchase binding agreement or a lease agreement on registered land to the Land Office. Registration is carried out in the general register and/or Land Rights certificate." For interested parties who carry out registration, according to Article 127 B paragraph 2 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 16 of 2021, a record will be made so that it is included in the general register and/or Land Rights Certificate in the form of the sentence: "This Land Right/Ownership Right to a Condominium Unit is the object of a lease agreement between the right holder and ... in accordance with the Lease Agreement Deed Number ... dated ... made by ... Notary in ...."
This registration process is quite easily carried out by the interested party or through a proxy to the Land Office by attaching a copy of the lease agreement deed and the original certificate of land rights concerned. With this regulation, both landowners and tenants have a clear legal basis for registering lease agreements. This registration ensures that the rights and obligations in the agreement are legally recognized and not easily challenged.
For tenants, the registration of a lease agreement on a land certificate provides assurance that their lease rights are legally recognized and not easily challenged. This is very important, especially in long-term lease agreements, where certainty and stability in occupying the land are essential. For landowners, the registration of a lease agreement also provides significant benefits. With registration, landowners have strong legal evidence regarding the existence of the lease agreement. This protects the owner from claims or disputes that may arise later. For example, in the case of land sales, the new buyer will be aware of the existence of a valid lease agreement and must respect the rights of the registered tenant.
It is important to understand that land registration has a dual function, namely recht kadaster and fiscal kadaster. In the case of recht kadaster, the main objective is to provide legal certainty for the parties who carry out the registration. Therefore, the registration of transfer of rights and the recording of lease agreements also aim to provide legal certainty. Although this recording process is important, many parties still ignore it. Many lease agreements are only made verbally or in the form of documents without official recording. This practice can create legal risks in the future, especially if there is a dispute between the tenant and the landowner or if there is a third party with an interest in the land.
In addition, this recording will also reduce the classic problems that often arise in the lease agreement process, which are usually resolved civilly and criminally. With this orderly administration, potential disputes such as default, unlawful acts, or other matters can be reduced. On the other hand, because the agreement deed is made by an authorized notary and has been recorded at the Land Office, this provides an additional layer of legal protection for the parties involved.
Therefore, parties who will enter into a land lease agreement should not ignore the importance of recording. This step not only provides stronger legal protection but also helps create transparency and certainty in land management. In the long term, recording lease agreements on land rights certificates will benefit all parties involved and support the creation of a better land law system in Indonesia.
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