Navigating Legal Ambiguity in Land Rights Transition

Abstrak

This study explores the legal and administrative challenges in the conversion of Building Use Rights (HGB) to Ownership Rights (HM) at the National Land Agency (BPN) Office of Solok Regency, with specific focus on the Green Hills Arya housing complex in Tanjung Bingkung. Employing a qualitative field research approach, data were collected through interviews with BPN officials, affected residents, and local authorities. The research identifies multiple barriers to the HGB-to-HM conversion, including jurisdictional conflicts following administrative boundary changes, poor coordination between Solok Regency and Solok City BPN offices, and delays caused by the outdated digital infrastructure required under Ministerial Regulation ATR/BPN No. 3/2023 on Electronic Land Certificates. Technical errors and unresolved document transfers have resulted in 76 pending land archives. From both Indonesian positive law and Islamic legal perspectives, the conversion process aligns with core principles of legality, justice, and public benefit, reinforcing the necessity for equitable and efficient land administration. The study underscores the urgent need for improved legal clarity, institutional coordination, and technological readiness to uphold the principle of equality in property rights management.