ISLAMY, Arwendiaz (2023) Juridical Review of Defaults In Land Rights Sale And Purchase Agreements (Study Decision Number 7/Pdt.G/2022/PN.Bjn). Skripsi thesis, Universitas Jenderal Soedirman.

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Abstract

This research was conducted on Court Decision Number 7/Pdt.G/2022/Pn.Bjn regarding disputes over land rights sale and purchase agreements with the aim of analyzing the validity of land rights sale and purchase agreements as well as analyzing the judge's legal considerations in determining that the defendant had committed a breach of contract. in Decision Number 7/Pdt.G/2022/Pn.Bjn. This research uses a normative juridical approach with prescriptive research specifications. The types and sources of legal materials contained in this research come from secondary data which includes primary, secondary and tertiary legal materials using library study data collection methods. Based on the results of the research carried out, it was found that the sale and purchase agreement for land rights between the creditor and debtor which was not executed before the Land Deed Drafting Officer (PPAT) in this case was valid based on the results of the review according to Article 1320 of the Civil Code, and invalid based on the review according to the Law. Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA) which includes Government Regulation Number 24 of 1997 concerning Land Registration. Because the sale and purchase carried out by the parties was not carried out before the PPAT, the sale and purchase agreement basically only applies to the parties and is binding on the parties. The Panel of Judges in considering and deciding that the debtor's default was deemed appropriate and appropriate, because it found an element of error which included negligence on the part of the debtor's actions and the debtor's actions included a form of non-performance at all because the seller did not carry out his obligation to provide the Ownership Certificate in accordance with the agreement in the Sale and Purchase Agreement between the parties.

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