Abstract

This research analyzes the juridical validity of the Right to Manage (HPL) Utilization Agreement between the Provincial Government of West Nusa Tenggara (NTB) and a third party in Gili Trawangan, based on the Job Creation Law and the Indonesian Civil Code. Utilizing a normative-empirical research method, this study finds that although the agreement is grounded in the principle of freedom of contract, it substantially violates the objective requirements of Article 1320 of the Civil Code. The primary obstacle lies in the legal status of the agreement's object, which is designated as a Forest Conservation Area under the Minister of Environment and Forestry Decree No. 6598/2021, supported by the Coordinating Minister for Political, Legal, and Security Affairs Recommendation No. B-287/2023, which prohibits permit issuance prior to the formal release of the forest area. The impossibility of performance (issuance of the HGB) by the NTB Provincial Government results in a lack of "lawful cause." Based on the termination clause within the agreement and the principle of legal certainty, the agreement is declared null and void. The NTB Provincial Government, as the HPL holder, is obligated to account for the retribution fees paid by the third party.