Legal Literacy - This article discusses the importance of registering land lease agreements 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, registration of transfer of rights and registration of land lease agreements is vital to provide legal protection for all parties involved. 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, registration of transfer of rights and registration of lease agreements is an important step to provide legal certainty for all parties involved.
Registration of lease agreements on land title 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 Agrarian Regulations, but the mechanism for registering lease agreements has only been widely regulated after the issuance of PP Nomor 18 Tahun 2021. This rule is explicitly stated in Article 90 of Government Regulation Number 18 of 2021 as an implementing regulation after the issuance of PERPU Cipta Kerja.
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 Title 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, registration will be carried out so that it is included in the general register and/or Land Title Certificate in the form of the sentence: "This Land Title/Ownership Right to a Condominium Unit is the object of a lease agreement between the lease right holder and ... in accordance with the Lease Agreement Deed Number ... dated ... made by ... Notary in ...."
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