Analisis Yuridis terhadap Peralihan Hak Atas Tanah dalam Perjanjian Jual Beli Tanah Akibat Adanya Cacat Kehendak (Willsgebrek) (Analisis Putusan Nomor 130/K/PDT/2017)

Abstract

In practice, the events indicating will defect such as oversight, fraud, and coercion are frequently found. However, the will statement to approve the agreement cannot be said flawless either, especially if it occurs in the case of sale and purchase agreement in which one of the parties suffers great financial loss. However, due to certain circumstances, a party is forced to end the agreement. This type of condition tends to easily occur if one of the parties is more prominent than the others. The problem of this research is regarding the legal transfer of land title in sale and purchase agreement, the determination of will defect in land title transfer after the implementation of the sale and purchase agreement, and the juridical analysis of land title transfer in the sale and purchase agreement due to will defect (wilsgebrek) based on Ruling Number 130/K/PDT/2017. This research employs normative juridical method, uses primary and secondary data sources, and qualitative data analysis. The result indicates that the legal consequences of land title transfer are the loss of the right to an object and the right is transferred to other person because of some reason. The determination of will defect in land title transfer after the implementation of sale and purchase agreement can be seen from the phase of pre-contract conducted, as this period occurs before both parties reach an agreement regarding the transaction plan they will make. Juridical analysis of land title transfer in land sale and purchase agreement due to will defect (wilsgrebrek) based on Ruling Number 130/K/PDT/2017 indicates that according to judge consideration, since the subjective terms are not fulfilled in the sale and purchase agreement where parties bond themselves in accordance with Article 1320 of the Civil Code, the land title between I Rantuh and Maria Nengah Suarti under Notarial Deed Number 36, dated 9th November 1984 is legally defect, which means the Notarial Deed is null and void, and can be annulled. The legal consequence for the cancellation of the Sale and Purchase Agreement (PPJB) is the termination of the agreement and both parties can break away from what is stipulated in Articles 1266 and 1267 of the Civil Code. The party who sells is obligated to return the money paid by the buyer after being deducted by some percent from the land and building selling price. The money is returned no later than at the certain time that has been agreed.