Legal Certainty Certificate of Use of Business Places in Government-Owned Traditional Markets

Abstract

Indonesia is a legal state that places the law in the highest position, with applicable law providing legal certainty. Legal uncertainty will lead to polemics in people's lives.Certificate of Right to Use Place of Business (SHPTU) is proof of ownership of right to use of place of business in the market owned by market traders. SHPTU has a fairly high economic value. Therefore, it is hoped that SHPTU can be used as credit collateral as stated in Regional Regulation Number: 12 of 1999, then the Decree of the Board of Directors of Pasar Jaya Regional Company (PD) Number; 450 of 2003 concerning the Right to Use Business Places and Provisions for Use of Business Places at Pasar Jaya Regional Companies. Can realize justice for the owner of the place of business as collateral for financial institutions. This study uses a normative juridical approach, with a legal approach and existing facts about legal certainty for users of business premises in traditional markets.But in fact, although the Bank can accept SHPTU as collateral, the Bank only accepts SHPTU as additional guarantee. There is a strong reason for the bank's objection to accepting SHPTU as material security, because SHPTU is not a material right but an individual right. Considering that SHPTU is not regulated in Book II of the Civil Code, SHPTU is not proof of kiosk ownership and SHPTU was born from an agreement between market traders. However, by granting a Building Ownership Certificate (SKBG) applied to every place of business built on government-owned land, waqf land or land with evidence of other rights, it will provide legal certainty and protection to the rights of the owner of the place of business due to the enactment of SKBG place of business as credit guarantee.