ABSTRACT

This study examines the legal ambiguity contained in Article 50 paragraph (5) of Malang City Regional Regulation Number 1 of 2020 concerning the Management of Regional Property, particularly in relation to the prohibition on “transferring” assets that are leased by the City and/or Regency Government. The analysis is supported by empirical data in the form of case examples involving lease agreements in which government-owned land assets of the city and/or regency are leased to third parties. Based on this background, the research problems formulated for analysis are as follows: (1) How should the meaning of “transfer” be interpreted within the provisions of Article 50 paragraph (5) of Malang City Regional Regulation Number 1 of 2020 concerning the Management of Regional Property. (2) What are the legal consequences of a lease agreement deed for land and/or buildings located on land assets of the Malang City Government that is executed without the approval of the property manager. This study employs a normative juridical research method, utilizing both a statutory approach and a conceptual approach. These approaches are grounded in a legal issue concerning the vagueness of norms related to the meaning of “transfer” as stipulated in Article 50 paragraph (5) of Malang City Regional Regulation Number 1 of 2020 concerning the Management of Regional Property. The discussion constitutes an analytical response to the interpretation of the phrase “transfer” as contained in Article 50 paragraph (5) of Malang City Regional Regulation Number 1 of 2020 concerning the Management of Regional Property. Through this interpretation, it becomes possible to determine the legal consequences of a lease agreement deed for land and/or buildings located on land assets owned by the Malang City Government that is executed without the approval of the property manager. 

KEYWORDS: Legal Consequences, Land Lease Agreements, Government Assets.