Kedudukan Hukum Akta PPJB terhadap Putusan Mahkamah Agung No. 3703.K/PDT/2016 Berkaitan dengan Putusan Mahkamah Agung No. 1356 K/Pdt/2017 Atas Objek yang Sama

Abstract

PPJB (Purchase Agreement) on a certified land can be made underhandedly or in an mthentic deed An underhanded PPJB is made by a seller and a buyer in a mutual agreement written on a piece of paper with revenue stamp and signed by both of them and two or more witnesses. Its revocotion by the seller-to-be can harm the buyer-ta-he who has given down payment; in this case, the seller-to-be returt* the down peynent, md the contract is revoked The research problems are how about tlrc position of down payment in PPJB, how about legal remedy by one of the parties when the other party wants to revoke the contraetwhichhasbeen given downpayment, andhw about the legal position of the dispute in an object of complaint with the third party afier the issuance of the Supreme Court's Ruling No. i7A3.I{/Pdt/2016. The research tued rwrmative opproach on legal provisions such as Book III of the Civil Code, UUJN (Notorial Act) No. 2/2014 on the Amendment of WJN No. 30/2004, andthe Supreme Court's Ruling No. 3703.1(/Pdt/2016. h also used descriptive analytic rnetha which was airned to describe, exploin, and analyze the researchproblems and attempted tofindthe answers. The result af the resesrch shows that the legal force af down payment is based on Article 1464 of the Civil Lsw in which down payment given by a buyer is the token of his desire to makp a PPJB on a plot of land before a PPAT (fficial empowered to draw up land deeds) wlrcn all requiremenls lwve been fulfilled by both parties. The hormed party canfile a complaint about not revoking the PPJB, or he can Jile a complaint about defuult bssed on Article 1243 of the Civil Low and about compensation dae to illegal act based on Article 1365 of the Civil Law. The legal consequence of the Sui2reme Court's Ruling No. i703.1{/Pdt/2016 on PPJB with Notarial authentic deed is tlat the PPJB is still bound the two porties since the Supreme Court does not state that the PPJB made before the Notary is revoked.