Pelindungan Hukum Terhadap Pemilik Tanah Atas Perbuatan Melawan Hukum Mengalih Sewakan Tanah Kepada Penyewa Lain Tanpa Izin Pemilik Tanah (Studi Putusan No.537/Pdt.G/2023/PN Mdn

Abstract

Land leasing is a legally binding relationship between the landowner and the tenant based on an agreement. However, in practice, unlawful acts often occur when tenants sublease the land to third parties without the landowner’s consent, which may cause harm to the owner. This study aims to analyze the factors causing unlawful acts in the subleasing of land, the legal consequences, and the legal protection available to landowners based on the Decision of the Medan District Court No. 537/Pdt.G/2023/PN Mdn. This research employs a normative juridical method with a statutory and case approach. The data used consists of secondary sources collected through literature studies and analyzed qualitatively. The findings indicate that the primary factor leading to unauthorized subleasing is the tenant’s lack of legal awareness. Based on the Medan District Court Decision No. 537/Pdt.G/2023/PN Mdn, the judge ruled that the defendant’s act of subleasing the land without permission constitutes an unlawful act that harms the landowner. The panel of judges considered that the landowner has full rights over the ownership and utilization of their land, and any tenant actions contrary to the lease agreement can be legally nullified. This ruling provides a basis for the landowner to seek compensation and reclaim rights over the unlawfully subleased land. As a preventive measure, landowners are advised to explicitly include a clause in the lease agreement prohibiting subleasing without consent and to strengthen tenant monitoring mechanisms. Additionally, law enforcement authorities and relevant institutions are expected to enhance public awareness regarding rights and obligations in lease agreements to reduce potential disputes in the future. Thus, this study emphasizes the importance of legal certainty in land lease agreements and the necessity for stricter law enforcement to protect landowners' rights from unauthorized subleasing practices.