Penyelesaian Sengketa Akibat Wanprestasi Dalam Jual Beli Tanah yang Diikat Dengan Akta Pengikatan Jual Beli (Studi Putusan Nomor 206/Pdt/2020/Pt. Bdg)

Abstract

The making of a sale and purchase agreement is an agreement between the parties who agree based on the principle of freedom of contract as long as the agreement made does not conflict with applicable laws. This study aims to determine and analyze based on the legal principles of the relevant legal provisions and legal theories regarding the cancellation of the Sale and Purchase Agreement (PPJB) due to default by one of the parties, the legal considerations of the district court in decision no. 191/Pdt.G/2019/Pn Cbi which won the seller (landowner) where the land area in the PJB is not the same as the land area that can be certified has complied with the provisions of the law, and the decision of the high court in decision no. 206/Pdt/2020/PT. Bdg which refused to cancel the PJB has complied with the provisions of the law. This study uses a type of normative legal research that is descriptive analytical in nature. This study applies secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials collected through literature studies and data analysis methods in the form of qualitative research. The results of the study concluded that the Cancellation of the Deed of Sale and Purchase Agreement (PJB) for land due to default occurs when one party fails to fulfill its obligations as agreed in the agreement. The PJB cancellation process is guided by the principle of the validity of the agreement which includes elements of agreement, capacity, certain objects, and causes that are not prohibited, thus guaranteeing legal certainty for the parties involved. The legal considerations of the District Court in Decision No. 191 / Pdt.G / 2019 / PN Cbi which won the seller for the discrepancy between the land area in the Sale and Purchase Agreement (PJB) and the land area that can be certified are in accordance with legal provisions because they refer to the principle of the validity of the agreement in the Civil Code. The High Court Decision in case No. 206 / Pdt / 2020 / PT Bdg which refused to cancel the Sale and Purchase Agreement (PJB) is in accordance with the provisions of civil law as a basis for analyzing and deciding the case.