Kekuatan Hukum Perjanjian Pengikatan Jual Beli Terkait Wanprestasi serta Kepastian Hukum Bagi Para Pihak (Studi Putusan Pengadilan Negeri Medan Nomor 45/Pdt.G/2023/PN.Mdn)

Abstract

The transfer of rights over land and buildings can be conducted through a sale and purchase transaction, which may begin with a Sale and Purchase Binding Agreement (PPJB) executed before a notary. Consequently, a PPJB constitutes an authentic deed that holds full evidentiary value. However, despite its frequent use as the basis for sale and purchase transactions, PPJBs often lead to legal disputes in practice due to breaches of contract by one of the parties, as observed in Decision Number 45/Pdt.G/2023/PN.Mdn. This thesis formulates three main research questions: (1) What is the legal basis for the use of PPJBs in regulating the sale and purchase of land and buildings in Indonesia, (2) What is the legal force of a PPJB in cases of breach of contract, and how does it ensure legal certainty for the parties, (3) How does the court analyze and decide on the case in Decision Number 45/Pdt.G/2023/PN.Mdn. This research employs a normative juridical method, utilizing primary and secondary legal sources, interviews, a statutory approach, and a case study approach. The conclusion is drawn through deductive reasoning, moving from general legal principles to specific case analysis. The findings reveal that the legal basis for the use of PPJBs in land and building transactions in Indonesia is not explicitly regulated in the Indonesian Civil Code (KUHPerdata) but derives from notarial and PPAT customary practices based on the principle of freedom of contract. The use of PPJBs is essential when the signing of the Sale and Purchase Deed (AJB) before a Land Deed Official (PPAT) cannot yet be conducted. In terms of legal force, a PPJB executed before a notary carries strong legal validity. Therefore, even if a party fails to fulfill its obligations under the PPJB, the agreement remains legally binding and enforceable. Additionally, the court's considerations and ruling in Decision Number 45/Pdt.G/2023/PN.Mdn, which found the defendant in breach of contract, were deemed appropriate as they aligned with statutory regulations and the theory of legal certainty, thereby affirming the binding legal force of the PPJB and ensuring legal certainty for the parties involved.