Analisis Yuridis Pembatalan Akta Perjanjian Sewa Lahan Pembangunan Menara Telekomunikasi PT Dayamitra Telekomunikasi Tbk Cabang Medan di Kecamatan Medan Tembung Kota Medan

Abstract

The cancelation of the lease aggrement for the land in Medan Tembung, Subsdistrict, Medan City. Occured due to the absence of a neighbour’s permit. This research aims to investigate: the procedure of canceling the lease aggrement for the construction of a telecomunication tower by PT Dayamitra Telekomunikasi Tbk Branch Medan in Medan Tembung Subsdistrict, Medan City; the responsibilities of PT Dayamitra Telekomunikasi Tbk Branch Medan regarding the cancelation of the lease aggrement for the construction of the telecomuniaction tower; and the legal resolution of the cancelation of the lease agreement between PT Dayamitra Telekomunikasi Tbk Branch Medan and the landownerin Medan Tembung Subsdistrict, Medan City. This study employs a normative legal research method supported by empirical data, characterized by descriptive-analytical analysis. Data analysis utilize qualitative descriptive methodes. Data sources include secondary and primary data gathered through literature review and filed researche. Data collection techniques involve document study and interviews, with data analysis conducted qualitatively and descriptively thorugh deductive thinking. The findings indicate that the cancellation of the the lease aggrement serves the interests of the parties involved in the agreement to avoid potential legal liabilities. PT Dayamitra Telekomunikasi Tbk Branch Medan did not obtain support or permission from the local community for the construction of the telecomunication tower, a prerequisite for obtaining Building and Construction Approval (PBG) from the City Spatial Planning and Building Office. Trough communication with the landowner, both parties agreed to cancel the lease aggrement by signing a declaration of cancelation, witnessed by representativesfrom each party, done informally, The cancellation restore the parties to their original positions before the aggrement, The right to request cancellation and demand restoration to the original state is vested in the parties mentioned in the lease aggrement