Akibat Hukum terhadap Penyimpangan Perjanjian Pengikatan Jual Beli (PPJB) sebagai Dasar Pembuatan Akta Jual Beli (AJB) (Studi Putusan Pengadilan Negeri Medan Nomor: 668/ Pdt.G/ 2016/PN.Mdn)

Abstract

The more the dynamics of buying and selling transactions develop in the community, the more the demands and needs of the community develop in terms of buying and selling. The process of buying and selling is usually carried out with an agreement referred to as a sale and purchase agreement, in which the parties are legally bound regarding the object being traded PPJB (Sale and Purchase Agreement) can be one of the temporary legal guarantees, prior to drawing up the Sale and Purchase Deed (AJB) before PPAT (the Officials Empowered to Draw up Land Deeds), Medan District Court Riding Number: 668 Pd: G/2016 PN.Mdn dated October 9, 2017 states that Muhammad Yusuf Nasution has breached a contract/defaulted. In addition, there is a distortion committed by Syafil Warman who publishes a deed which contents are different the deed of minutes This intentional act of the Notary is classified into a distortion to UUIN (Notarial Act) It is intriguing to study the legal consequences for a distortion to a PPJB that is used as the ground of AJB

This descriptive research used normative juridical type Its data are sourced from primary and secondary data and are collected through documentation study and interviews.

PPJB is regulated in Article 1457 and Article 1458 of the Civil Code Deed of Sale and Purchase Agreement can be made the ground for drawing up AJB and can be used during the AJB making process although some requirements are not met. The urgency of a sale and purchase agreement is that it is an agreement made when the parties come to an agreement concerning a moving or static object and price although the object has not been handed or the price has not been fully paid. The form of distortion mentioned in Medan District Court Ruling Number 668 Pdt.G/2016/PN.Mdn is committing a breach of contract and an illegal offense. The legal consequences stated in the ruling imposing sanction to Muhammad Yusuf Nasution are to annually pay for 6% interest of IDR 5.000.000,000.00 (five billion Rupiahs) and to pay for the litigation cast with the amount of IDR 2.898.500,00,- (two million eight hundred and ninety eight thousand and five hundred rupiahs).