Implikasi Hukum Wanprestasi Atas Itikad Tidak Baik pada Pemenuhan Janji Para Pihak Dalam Akta Jual Beli Bangunan Dan Penyerahan Hak Atas Tanah (Studi Putusan Nomor 177/Pdt.G/2022/Pn Mdn)

Abstract

Agreements must comply with the legal requirements and principles of the agreement. Based on Article 1338 Paragraph 3 of the Civil Code, agreements must be executed in good faith. The Civil Code understands good faith in various forms, not only the good faith recognized in Article 1338 Paragraph (3) of the Civil Code, which stipulates that an agreement must be executed in good faith. This study aims to determine and analyze the validity of a building sale and purchase deed made in bad faith according to Indonesian law, legal protection for parties harmed by bad faith in fulfilling promises and delivering the object of the sale and purchase based on decision number 177/Pdt.g/2022/PN Mdn, and analysis of the judge's considerations in adjudicating cases of bad faith in fulfilling promises and delivering the object of the sale and purchase in decision number 177/Pdt.g/2022/PN Mdn. This study uses normative, descriptive, and analytical juridical research. This study uses secondary data consisting of primary, secondary, and tertiary legal materials. Data collection techniques utilized library research and qualitative data analysis. The results of the study indicate that: 1). The validity of a building sale and purchase deed made in bad faith through a party's default, according to Indonesian law, is stipulated in Article 1320 of the Civil Code and Government Regulation Number 24 of 1997 concerning Land Registration; 2). Legal protection for parties harmed by a default in bad faith in fulfilling promises and handing over the sale and purchase object, based on Decision Number 177/Pdt.g/2022/PN Mdn, is as follows: a). Granting the counterclaim in its entirety, b). Determination of the valid and valuable collateral seizure, c). Recognition of valid and valuable evidence, d). Cancellation of the full payment receipt, e). Award of the remaining purchase payment, f). Compensation for immaterial/moral damages, g). Material compensation, h). Compulsory payment (dwangsom), and i). Obligation to submit to and comply with the decision; and 3). Analysis of the judge's considerations in adjudicating the case of default in bad faith in fulfilling promises and handing over the object of the sale and purchase in decision number 177/Pdt.g/2022/PN Mdn, including: a). Exception Accepted and Lawsuit Rejected, b). Conventional Lawsuit Rejected and Counterclaim Granted, c). Confiscation of Collateral and Evidence, d). Payment Receipt Declared Invalid, e). Punishment to Pay the Remainder of the Purchase, f). Material and Intangible Losses, and g). Imposition of Compulsory Payment (Dwangsom).