Legal Analysis of the Legal Consequences of a Deed of Sale and Purchase Agreement (PPJB) for Land Ownership Rights That is Unilaterally Cancelled
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 10
Abstract
It is undeniable that problems still often occur in society regarding PPJB deeds, one of which is the unilateral cancellation of PPJB deeds which can have legal consequences for the parties. This study aims to examine the legal regulations regarding the cancellation of PPJB deeds of land ownership rights, as well as the legal consequences of PPJB deeds that are unilaterally canceled. The legal research method uses a normative juridical research method with laws and regulations and legal writings as legal materials. The research approach used in this study is the statutory approach and the conceptual approach. Data analysis uses qualitative data analysis. The results of this study are: first, the legal regulations regarding the cancellation of PPJB deeds are regulated in the Civil Code, namely that unilateral cancellation is justified by law if the parties to an agreement expressly agree to set aside the provisions of Article 1266 of the Civil Code under any conditions, on condition that it must be based on a judge's decision. Unilateral cancellation of an agreement due to default without a Judge's decision is not a problem as long as the other party also accepts the decision, but if one party refuses to be accused of default, then the parties submit to the Judge to assess whether or not there is a default. Second, the consequences of the cancellation of the agreement are regulated in Articles 1451 and 1452 of the Civil Code, where the legal consequences are to return the situation to its original position as it was before the agreement was made. In the cancellation of the PPJB deed, the seller has an obligation to return the amount of money that has been paid by the buyer minus the costs that have been incurred by the seller, while the buyer must pay a fine to the seller due to the default that was made.
Authors and Affiliations
Putri Ayu Lestari, Suraji, Muhammad Rustamaji
Keywords
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- EP ID EP749295
- DOI 10.47191/ijsshr/v7-i10-70
- Views 40
- Downloads 0
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