Aspek Hukum Dan Urgensi Perjanjian Sewa Menyewa Atas Tanah Yang Dibuat Dihadapan Notaris Yang Dicatatkan Pada Kantor Pertanahan Menurut Pasal 127 B Peraturan Menteri Agraria Dan Tata Ruang Badan Pertanahan Nomor 16 Tahun 2021

Abstract

Land and building lease agreements play a crucial role in providing legal certainty and protection for the parties involved. In practice, such agreements are often not recorded at the Land Office, as stipulated in Article 127B of Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation Number 16 of 2021. This leads to various legal issues that may affect the certainty and protection of the parties' rights. Based on these concerns, this study formulates three main research questions: (1) What is the urgency of recording lease agreements by interested parties concerning leased objects at the Land Office. (2) How does legal protection apply to tenants who register their lease objects at the Land Office under Article 127B of the regulation. (3) What are the potential legal consequences, both advantages and disadvantages, of recording lease agreements at the Land Office in accordance with Article 127B. This study employs an empirical juridical method combined with a conceptual approach, which is used to analyze legal materials and interpret the meaning of legal terminology. Data were obtained through literature reviews, analysis of relevant regulations, and examination· of legal documents. The findings indicate that lease agreements made before a notary provide authentic evidentiary strength, while recording at the Land Office ensures legal certainty for third parties. However, challenges remain in the implementation of such recording, including a lack of public awareness and limited socialization regarding its importance. The study concludes that lease agreements made before a notary and recorded at the Land Office not only offer stronger legal protection but also enhance transparency in land and building asset management. It recommends increasing public legal education on the benefits of recording lease agreements, simplifying registration procedures, and strengthening the role of notaries in ensuring compliance with relevant regulations.