Pembatalan Akta Jual Beli PPAT yang Mengakibatkan Peralihan Hak Atas Objek Sengketa Tanah ( Studi Kasus Putusan Mahkamah Agung Republik Indonesia Nomor 1572 K/ Pdt/ 2023 )

Abstract

The Deed of Sale and Purchase (AJB) made by PPAT is considered an authentic deed. The truth of the PPAT Deed of Sale and Purchase can be disputed if the party challenging it can prove errors in the contents of the Deed. The research problems in this thesis include: the validity of the sale and purchase deed made on the basis of a legally defective sale and purchase agreement, the legal consequences of the cancellation by the judge of the sale and purchase deed made by PPAT with legal defects, and the analysis of the legal considerations of the panel of judges in the Supreme Court Decision Number 1572 K/Pdt/2023 regarding the cancellation of the PPAT sale and purchase deed. This study uses a legal research methodology, specifically normative juridical research, which is descriptive-analytical in nature. This research aims to describe a situation or phenomenon and to determine whether there is a relationship between one phenomenon and another. The data collection technique used is literature study. The results of the study and discussion show that the validity of the sale and purchase deed made on the basis of a legally defective sale and purchase agreement in the Supreme Court Decision Number 1572 K/Pdt/2023 is due to the non-fulfillment of the subjective requirements of a valid agreement according to Article 1320 of the Civil Code. The legal consequence of the cancellation by the judge of the sale and purchase deed made by PPAT is that all conditions must be returned to their original state before the legal act occurred, meaning that the parties who received performance from the other party must return it, and the PPAT who made the deed can be held accountable. The legal considerations of the panel of judges in the Supreme Court Decision Number 1572 K/Pdt/2023 regarding the cancellation of the PPAT sale and purchase deed are based on the actions of Defendant II (SH.Wesly Pangaribuan) as a acting in bad faith by purchasing the disputed object from the plaintiffs without meeting them or handing over any money to the plaintiffs, and PPAT Nurcahaya Batubara, SH.Mkn (Defendant IV) making the sale and purchase binding deed without the presence of the plaintiffs and Defendant II and not reading out the contents of the deed.