Legal Protection for Ownership Rights Holders of Apartment Units Due to the Abolition of Building Use Rights Above the Management Rights of Pasar Kliwon Kudus

Abstract

Ownership Rights of apartment units standing on Building Use Rights whose establishment is based on a Build, Operate, and Transfer (BOT) Agreement have the potential for disputes in the future if the agreement ends. The legal consequences that occur if the term of the Agreement ends, then the Ownership Rights of the Apartment Unit are legally abolished. This study aims to identify and analyze these problems. This study uses a qualitative approach that is empirical juridical. The data sources for this study were taken from primary and secondary data, primary data were taken from related agencies and parties, namely, BPN Kudus Regency, Pasar Kliwon Kudus. While secondary data consists of Certificates, books, journals, scientific articles related to the research. The research results obtained are: (1) The legal position of ownership rights over the apartment units in Pasar Kliwon Kudus is on land with Building Use Rights with the rights holder being PT Karsa Bayu Bangun Perkasa. PT Karsa Bayu Bangun Perkasa is the holder of Building Use Rights based on the Build, Operate, and Transfer (BOT) Agreement with the Kudus Regency Government, as the holder of Management Rights. (2) Legal protection for holders of ownership rights over the apartment includes: Cancellation of Building Use Rights Certificates and Enforcement of Lease Agreements.