Disputes
between PT. Maspion with Mayor of Surabaya was about a rejection of the
extension of a Right to Build (HGB) above
a Right to Manage (HPL) by issuing a State Administrative Decree (KTUN) in the form of letter of Mayor of
Surabaya number: 593/2543/436.7.11/2018 dated April 3, 2018, Subject: Answer
and Warning III. PT. Maspion (Comparator/Plaintiff) filed a lawsuit over the
rejection of the request for extension of the Right
to Build . In the court of first instance case
number: 79/G/2018/ PTUN.SBY, the Panel of Judges rejected the claim filed by
the plaintiff because it had no legal standing, whereas the source of the legal
relationship between the plaintiff and the defendant was the Land Use
Submission Agreement which Article 3 states was the priority right for the
plaintiff to extend the Right to Build . Then the plaintiff filed an appeal at the Surabaya
State Administrative High Court, the Appeals Judge Panel in decision number
18/B/2019/PT.TUN.SBY stated, granted the appeal of appeal and canceled the
first level court decision, and required the defendant/appealed to revoke the
State Administrative Decree and approve the request for extension of the Right
to Build of the comparator/plaintiff.
This study aimed at analyzing the basis
consideration for the judges in the court decision number 79/G/2018/PTUN.SBY
and 18/B/2019/PT.TUN.SBY, as well as the legal consequences of the decision of
the State Administrative Court Number 18/B/2019/PT.TUN.SBY for the related
parties. This study was a normative juridical study that used statue and case
approach. The legal materials used in this study were primary, secondary, and
tertiary legal materials which were then processed with content analysis
techniques in order to show an integrative and conceptual analysis method which
tended to be directed to find, identify, process, and analyze the legal
materials to understand its meaning, significance, and relevance.
The results of this study are
the authors do not agree with the legal considerations of the Panel of Judges
in ruling No. 79 / G / 2019 / PTUN.SBY. According to the author, the
Defendant's exception which states that the Plaintiff has no legal interest is
incorrect, because the source of the occurrence of these legal events is the
Conveying of Land Use Submission conducted by both parties. The agreement has
never been declared null and void by law or by both parties.
Keywords: Right to Build,
Right to Manage, KTUN