| dc.description.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. | en_US |
