Analisis Yuridis Tentang Wanprestasi yang Menyebabkan Batalnya Akta Pengikatan Jual Beli (Studi Putusan Pengadilan Negeri Samarinda No.98/Pdt.G/2020/PNSmr)

Abstract

The Sale and Purchase Binding Agreement (APJB) is a preliminary agreement made by the prospective seller and prospective buyer based on mutual consent before the sale and purchase is carried out, which can be made in the form of a private deed or a notarial deed. The land cannot yet be used as the basis for land registration because it is still temporary before the sale process is completed, as the requirement for the registration of land transfer rights uses AJB PPAT. The sale and purchase binding agreement (PPJB) can sometimes be canceled, one of the reasons being default, either at the request of the parties themselves for certain deeds, or by suing the other party in the General Court to cancel the contents of the deed so that it is no longer binding. The method used in the writing of this thesis is the normative juridical method, which refers to legal norms conducted through library research to obtain secondary data in the form of primary, secondary, and tertiary legal materials related to the issues being studied. The sources of data obtained through legislation, books, scientific journals, and library research. (library research). This research aims to analyze and understand the causes of the annulment of the Sale and Purchase Binding Agreement due to default. Samarinda District Court No. 98/Pdt.G/2020/PN Smr discusses the elements of default committed by the defendant based on the Sale and Purchase Binding Agreement made before the notary No. 02 dated January 2, where the defendant in this case did not fulfill the promise to pay the installments for the land sale and purchase. In this ruling, the defendant was proven to have committed default by not adhering to the Sale and Purchase Binding Agreement, which affected the previously made notarial deed. Therefore, based on the ruling, the panel declared it null and void and stated that the defendant's actions constituted default.