The background of this research is the lack of regulation in �priority rights� of state land ex-rights to build. The Voidance land rights (HAT) because of rights expiration that is not extended or renewed their rights caused the land status changes to state land status. There is massive impact due to unclear regulations of �priority rights� is an abuse of authority by the other people on the state land from the ex rights title which have period. The purposes of this research are to identify and analyze the basis of consideration of the judge who recognizes the �priority rights� of state land exrights to build, a consequence of the recognition of �priority rights� over the lands of the ex-rights to build, and a period of �priority rights� that is attached to the former holders of rights as well as their switch over. The method used in this research is a normative legal research methods-empirical approach to legislation, case approach, and analysis approach. Primary data and secondary data was
analyzed qualitatively and presented descriptively.
The results of this research indicate that the basic consideration of the Kediri District Court and State Administrative Court of Surabaya are a former holder of the rights that are not acting in good faith doesn�t have the �priority rights� to land the ex-rights to build, the acknowledgement of the �priority rights� to the land in the court state may guarantee legal certainty, fairness and expediency to land the ex-rights to build and determine who should get �priority rights� over the lands of
the ex-rights to build. There is no time restrictions of �priority rights� to land the ex-rights to build on the former holder of ex-rights to build as long as the ex-rights to build holder still occupy and control the land as the subject rights under the terms of the Basic Agrarian Law Act. However, if the land of the ex-rights to build has been overrun and occupied by another people, ex-rights to build holder have �priority rights� to get compensation for buildings, plants and objects on the ground
from those who occupy and control of the land significantly in good faith.
Keywords: Priority Rights, State Land, Rights to Build