Abstract
The study aimed to determine the implication and position of granting Right To Build status to the Commanditaire Venootschap based on Circular Letter 2/SE-HT.02.01/VI/2019 concerning the Granting Right To Build for Commanditaire Vennootschap (CV). In the implementation, circular letter has not been able to provide certainty and clear legal auspices regarding the CV that can apply for Right To Build (HGB). This study used a normative juridical research method, namely library research by collecting primary, secondary and tertiary legal materials such as books, legal scientific papers, other literature materials that explained the study to be discussed. Based on the result of the study, the position of the circular letter in the hierarchy of law and regulation, as well as the norms in it, the granting Right To Build for a CV was contrary to existing rules. Circular letter referred to the Basic Agrarian Law (UUPA) and Government Law (PP) No. 40/1996 is as the basis for granting the Right To Build for CV contrary to the law itself. CV cannot be compared to a legal entity. According to the author, the circular letter did not guarantee legal certainty because of the registration of the Right To Build for CV by mentioning on behalf of all allies in the CV personally (individuals), while the completeness documents in the name of CV. The implications of the circular letter can cause confusion and various potential risks. The CV cannot fulfill the elements as a legal entity, and the position of the circular letter was not in the hierarchy of statutory regulations because it was only limited to a technical guideline for a general regulation. If active and passive allies from a CV wanted to apply for land rights, it would be safer if an upgrade is made from a CV to a Limited Liability Company (PT). Additionally, it provided an opportunity for allies to be free from responsibility to personal property. Related to the discussion of CV, it is better to have further study on the discussion of the Bill that regulates CV business entities in order to have a clear legal shade.
