Implementation of Personality Principle in the Termination of Village Ground Treasure Utilization No. 143/1728 Between PB. Rancah Karya and Catur Tunggal Village Government

¹ Faculty of Law, Universitas Islam Indonesia, Yogyakarta, Indonesia
² Faculty of Law, Universitas Islam Indonesia, Yogyakarta, Indonesia

^* Corresponding author: umarharis@uii.ac.id and tejo.kuswara@gmail.com

Abstract

This research focused on the implementation of personality principle, it is one of the basic principles in making agreement. The object of study happened in lease agreement between lessee of shop building (ruko) and operator (PB. Rancah Karya) where it is absolutely breach because of negligence by operator. The case rises when operator did not fulfill the annually payment of village ground treasure toward village government. The annually payment is part of obligation also belong to operator as the compensation toward village ground utilization, it is based on village agreement between both of are. The violation of annual payment make the consequences that operator should leave the utilization against village ground. The utilization of it turns in back to village government. Afterward village government modified several clauses that are stated in lease agreement. Moreover, those modifications of clauses disserve the lessee. Lessee argued that they made lease agreement with operator (PB. Rancah karya) but not the village government. This research is using context of problems how the implementation of personality principle in the context of lessee, operator (PB. rancah karya), and village government in village ground utilization, research result that operator and village government both are did not apply personality principle. Whereas the utilization of village ground deliver back from operator to village government, both of are not recognizing the existence of lessee.