Disparitas Pembatalan Akta Pengikatan Jual Beli yang Dibuat Atas Dasar Utang Piutang (Studi Putusan No. 364/Pdt.G/2016/Pn.Jkt.Sel Jo Putusan No. 539 Pk/Pdt/2020 dan Putusan No. 23/Pdt.G/2018/Pn.Dpu Jo Putusan No. 1615 K/Pdt/2020)

Abstract

The Sale and Purchase Agreement Deed (Akta Pengikatan Jual Beli) serves as a preparatory agreement that precedes the principal agreement, namely the Deed of Sale and Purchase (Akta Jual Beli), which is intended to transfer land rights. In practice, such deeds are sometimes created based on underlying loan agreements between the parties involved. The Sale and Purchase Agreement Deed is then used as a guarantee for the repayment of debt owed by one party to another. This research addresses the following issues: (1) the legal standing of a sale and purchase agreement deed made on the basis of a loan agreements; (2) the forms of legal protection available to parties in such agreements; and (3) the legal reasoning and judicial considerations behind Decision No. 364/Pdt.G/2016/PN.JKT.Sel jo. Decision No.539 PK/Pdt/202 and Decision No. 23/Pdt.G/2018/PN.Dpu Jo. Decision No. 1615 K/Pdt/2020. The study adopts a normative juridical method, relying on the analysis of legal norms through literature review to obtain secondary data in the form of primary, secondary, and tertiary legal materials. The nature of this research is descriptive analytical. Data were collected through library research of relevant regulations and legal materials, and analyzed using qualitative methods. The findings indicate that sale and purchase agreement deeds made on the basis of debt relationships lack legal certainty and are void by law. Legal protection for the parties involved is provided in the form of repressive protection through litigation in court. In Decision No. 364/Pdt.G/2016/PN.JKT.Sel jo. Decision No.539 PK/PDT/2020, the court did not annul the deed as it found no elements of debt in the agreement. In contrast, in Decision No. 23/Pdt.G/2018/PN.Dpu jo. Decision No. 1615 K/Pdt/2020, the court annulled the deed due to the existence of debt-related elements. The conclusion and recommendation of this study are: parties who feel aggrieved by sale and purchase agreement deeds made based on loan agreements may seek annulment through a court lawsuit. Furthermore, parties engaged in debt arrangements should draft a clear loan agreement that outlines each party's responsibilities and obligations.