Ruswati, Ruswati (2024) Kedudukan Perjanjian Jual Beli Yang Dibuat Oleh Notaris Terhadap Pembatalan Sertifikat Oleh Pengadilan Di Kota Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Starting with a land sale and purchase transaction using a preliminary agreement called a Sale and Purchase Agreement (PJB) that made by a notary. The Sales and Purchase Agreement is an agreement that is in the domain of civil code thus have to comply with a request for agreement validity of Article 1320 of the civil code. However, in practice, even the agreement is binding, apparently, the sales and purchase agreement still has a space for deviation and be denied. This research examines the status of sales and purchase agreements made by notariy regarding certificate cancellations by the court in Pekanbaru City, when the agreement has been executed but certificate of the land is canceled by the court. The buyer was unknow about the problem of the land and then doing legal rule for the losses he experienced. This research is normative juridical research conducted by examining the library substance or secondary legal substance as a basic material to be scrutinized by conducting an investigation on rules especially Civil Code, Notary Position Rules, Basic Agrarian Law, Government Rules of Land. Registration and regulations related to object of research. Case approach in Pekanbaru is conducted by reviewing the relevant issues that become courts verdict which have steady and binding. The result of the research indicates that PJB has legal power and binding if based on civil code article 1320, there are subjective requirements and objective requirements. if the subjective not fulfilled this PJB can be canceled and if the objective requirement not fulfilled this PJB is null and void. So in terms of legal action that can be taken by the buyer if there is cancellation of the sale and purchase object certificate, they are choosing by litigation, that was accordingly to Civil Case number 148/Pdt.G/2019/PN.Pbr.

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