Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat
Full Lenght Article
BUILDING STATUS AFTER HGB EXPIRY ON MANAGEMENT RIGHTS: THE SULTAN HOTEL DISPUTE
Abstract
This article examines the legal status of buildings after a Building Use Right (Hak Guna Bangunan/HGB) expires on land subject to a Management Right (Hak Pengelolaan/HPL), using the Sultan Hotel dispute as a case study. It employs normative or doctrinal legal research through statutory, conceptual, and case approaches. The analysis shows that the current legal framework does not leave a complete normative vacuum. Government Regulation No. 18 of 2021 provides that land subject to an expired HGB over HPL returns to the control of the HPL holder, while Article 109(2)(b) of Ministerial Regulation ATR/BPN No. 18 of 2021 directs the status of buildings and attached objects to the land utilization agreement. The Sultan Hotel litigation illustrates the practical consequences of that relationship: the 2025 Central Jakarta District Court judgment ordered PT Indobuildco, in reconvention, to vacate and return the former HGB land together with the buildings, and the order was enforced in June 2026. The remaining uncertainty lies mainly in contractual design, especially end-of-term clauses on handover, demolition, valuation, compensation, state-asset recording, and dispute settlement. The article therefore proposes standardized minimum clauses for land utilization agreements without treating compensation as an automatic statutory entitlement.
Keywords
Declarations
Publisher's Note
Fakultas Hukum Universitas Kristen Indonesia remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
Copyright and permissions
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Bibliographic Information
Cite this article as:
-
Submitted
3 June 2026 -
Revised
20 July 2026 -
Accepted
Not available -
Published
28 August 2026


