Akibat Hukum Akta Jual Beli yang Dinyatakan Batal Disebabkan Adanya Perbuatan Melawan Hukum (Studi Putusan Nomor: 2811 K/Pdt/2019)

Abstract

Land sale and purchase transactions are crucial legal acts in society, where the transfer of land ownership rights must be conducted before a Land Deed Official (PPAT) to obtain a sale and purchase deed as authentic evidence. However, in practice, legal issues concerning the validity of the sale and purchase deed frequently arise, as seen in Decision No. 2811 K/Pdt/2019, where the sale and purchase deed was declared void due to an unlawful act committed by the seller. The seller sold disputed land to the buyer without the rightful owner’s knowledge. This study aims to examine the legal regulation of a power of attorney to sell used as collateral in Indonesian law, the validity of the sale and purchase of collateralized objects bound by a power of attorney to sell (Case Study of Decision No. 2811 K/Pdt/2019), and the legal consequences of a sale and purchase deed declared void due to an unlawful act (Case Study of Decision No. 2811 K/Pdt/2019). This research employs a normative juridical method with a descriptive analytical approach, utilizing primary data from interviews with Notaries/PPAT and secondary data from laws and legal literature. The data is analyzed qualitatively to assess the legal consequences of canceling a sale and purchase deed. The study’s findings reveal that a sale and purchase agreement, as defined in Article 1457 of the Indonesian Civil Code, is an agreement between the seller and buyer in which the seller transfers ownership rights, and the buyer pays the agreed price. This agreement can be carried out through a power of attorney, as stipulated in Article 1792 of the Indonesian Civil Code. In the context of secured debt objects, a sale based on a power of attorney to sell during oan default may be conducted privately, provided the debtor is in default and the parties agree, as specified in Article 20 (2) and (3) of the Mortgage Law (UUHT). However, a sale and purchase deed may be annulled if there is a legal defect or if one party fails to fulfill the agreement’s terms.