Tinjauan Yuridis Wanprestasi dan Kepastian Hukum Bagi para Pihak dalam Perjanjian Jual Beli Tanah (Studi Putusan Pengadilan Negeri Kisaran Nomor 61/Pdt.G/2018/PN.Kis)

Abstract

The transfer of land rights can be conducted through a legal act of sale and purchase, which typically begins with a Sale and Purchase Agreement (Perjanjian Jual Beli/PJB) made before a notary. Accordingly, the PJB constitutes an authentic deed that holds strong evidentiary value. However, despite its frequent use as the legal basis for land transactions, disputes often arise in practice, particularly when one party commits a breach of contract (wanprestasi), as reflected in the Kisaran District Court Decision No. 61/Pdt.G/2018/PN.Kis. This thesis focuses on three key issues: (1) the legal status of the PJB for land as a preliminary agreement within Indonesia's land law system; (2) the application of the principle of legal certainty in resolving breach of contract disputes in PJBS; and (3) the legal analysis of judicial considerations in the aforementioned court decision. The research employs a normative juridical method, utilizing both primary and secondary legal data obtained through interviews, statutory approaches, and case studies. Conclusions are drawn using deductive reasoning from general legal principles to specific legal issues. The study finds that the legal status of PJBS in land sale transactions in Indonesia is not explicitly regulated under the Indonesian Civil Code, but rather arises from notarial custom or PPAT (Land Deed Official) practices based on the principle of freedom of contract. PJBs are typically used when the official Sale and Purchase Deed (Akta Jual Beli/AJB) cannot yet be signed before a PPAT. Regarding the legal principles related to breach of contract, if the PJB is executed before a notary, it holds strong legal force. In cases where one party fails to fulfill their obligations, the PJB remains valid and enforceable. Furthermore, the judicial considerations and verdict in Kisaran District Court Decision No. 61/Pdt.G/2018/PN.Kis, which declared the defendant to be in breach of contract, are deemed appropriate and aligned with statutory provisions and the theory of legal certainty.