Tinjauan Terhadap Pembatalan Akta Perjanjian Pengikatan Jual Beli Tanah Karena Wanprestasi

Fadhly, Ninda Yunissa (2021) Tinjauan Terhadap Pembatalan Akta Perjanjian Pengikatan Jual Beli Tanah Karena Wanprestasi. Other thesis, Universitas Islam Riau.

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Abstract

The agreement of the parties to conduct a sale and purchase is confirmed in Article 1457 of the Civil Code. To make a sale and purchase the object of which is land, the agreement is made before the PPAT. The agreement that has been made by the parties should not be canceled. However, because one of the parties has defaulted, in fact the agreement was canceled by the parties. The problem in this research is related to the cancellation of the sale and purchase because of how the cancellation of the sale and purchase occurs due to default in the agreement and the good faith of the buyer in the sale and purchase agreement because of the default. In terms of its nature, the method in this research is classified as an empirical research, while in its form it is descriptive to describe the main problems that have been studied. The population and respondents consist of parties, namely sellers, buyers and notaries. The data used are sourced from primary data and secondary data. Primary data obtained from interviews. Secondary data were obtained from journals, books, literature, and the internet. Data analysis was carried out using the inductive method which originated from the research results and was linked to the opinions of experts and statutory regulations. The results of the research conducted show that the cancellation of the sale and purchase due to Default is caused by a compelling situation in the form of an outbreak of bankruptcy financial difficulties, which can hinder the buyer's obligation to carry out the agreement as stated in the agreement clauses that have been made. Both parties have good faith to carry out the agreement in accordance with the clauses contained in the agreement, the parties agree to terminate the agreement due to financial difficulties.

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