Pelindungan Hukum Bagi Pembeli Akibat Penolakan Ahli Waris Penjual Atas Akta Pengikatan Jual Beli (Studi Putusan NO.648/PDT.G/2020/PN.JKT.UTR)

Abstract

A Sale and Purchase Binding Agreement (PPJB) is essentially a contract that must meet the validity requirements of an agreement as stipulated in Article 1320 of the Indonesian Civil Code (KUHPerdata). Such agreements are usually made because land and building taxes or other seller-related taxes have not yet been paid. This study examines: (1) the binding force of a PPJB on the seller's heirs, (2) legal protection for buyers in the event of breach of contract by the seller's heirs, and (3) whether the court's considerations and decision align with the applicable legal provisions and the evidence presented in court. This thesis employs a normative juridical legal research method, focusing primarily on legal principles. The research is descriptive-analytical in nature, aimed at describing and interpreting the issues involved, and is categorized as library research presented descriptively. Secondary data was used, collected through literature review including books, legal literature, and records as well as interviews with the presiding judges and notaries. The findings show that the legal strength of a PPJB as authentic evidence of a transfer of rights is very strong because it is a notarial deed with authentic legal force. Moreover, such deeds typically provide that, if one party dies, the agreement is continued by the heirs. Preventive legal protection is provided under Articles 1491 and 1338(3) of the Indonesian Civil Code, while repressive legal protection may be pursued through litigation in court to protect rights that have been harmed and to impose sanctions. However, the court's considerations and ruling in this case were not fully aligned with the applicable legal provisions and the evidence presented during trial.