Pembatalan Perjanjian Sewa Menyewa Tanah dan Ruko Tanpa Jangka Waktu Kaitannya dengan Penjualan Objek Sewa Menyewa oleh Pemilik (Studi Kasus Putusan Nomor 362/Pdt.G/2013/PN.Mdn)

Abstract

Lease agreements for land and shophouses without a specified duration are common in Indonesia; however, they can lead to complicated legal issues, particularly when the owner sells the rental property. The case addressed in Decision Number 362/Pdt.G/2013/PN.Mdn highlights the conflict of interest between the new owner seeking to reclaim their property and the tenant who has occupied the rental object for an indefinite period. The research aims to determine whether a lease agreement for land and shophouses that does not specify a time limit can be legally terminated, whether the tenant of land and shophouses based on the lease agreement indefinitely can be protected by law if the lease object is sold by the owner, as well as how the panel of judges apply the law concerning the indefinite lease of land and shophouses in relation to the owner's sale of the leased property (Case study of Decision Number 362/Pdt.G/2013/PN.Mdn). This descriptive research uses normative juridical research, utilizing legal norms through literature review and the research data are analyzed qualitatively. The research results indicate that indefinite lease agreements for land and shophouses are regarded as legal and valid in Indonesia, grounded in the principles of consent and freedom of contract, provided they adhere to the fundamental principles of contract law. In the event that the rental object is sold by the owner, the tenant has the option of deliberating or demanding the execution of the rental period according to the agreement, as well as being able to demand compensation in case of default. Although the decision of the panel of judges in the case under discussion was considered appropriate in terminating the lease agreement and restoring the right of ownership of the leased object, it still does not offer fair legal protection for the tenant. This shows that in resolving tenancy disputes involving indefinite agreements requires more thorough consideration to ensure fairness for all parties involved.