Hamzah, Jebri (2023) Wanprestasi Dalam Perjanjian Jual Beli Hak Atas Tanah (studi Kasus Putusan Nomor 112/pdt.g/2022/pn.pbr). Masters thesis, Universitas Islam Riau.

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Abstract

The Sale and Purchase Agreement is a reciprocal agreement in which One party (the seller) promises to hand over ownership rights to an item while the other party (buyer) promises to pay the price comprised of a certain amount of money as compensation for obtaining these rights. Default is non-fulfillment of an obligation or negligence or delay carried out by the parties to the agreement. Elements of default including: the existence of a valid agreement in accordance with the provisions of Article 1320 Civil Code,. In Decision Case Number 112/Pdt.G/2022/PN.Pbr. Where the plaintiff has paid in full, and subsequently the defendant has also handed over one plot of land and building to the Plaintiff, so that the Plaintiff can live in the building (house), but the sale and purchase deed and Certificate of Ownership for one plot of land and building purchased Until now, the plaintiff has not been handled by the defendant and handed over to the Plaintiff. Based on these problems, there are 2 (two) main problems in this research. First, what is the legal position of buying and selling rights Land in Defense . Second, the legal consequences if the land owner does so Default in the gradual sale and purchase of land rights. This research uses a normative juridical research method, approach used in this research is a statutory regulation approach (statue approach) related to Juridical Analysis of Default in Sales and Purchase Agreements Land Rights in the Legal Area of ??the Pekanbaru District Court, Research result. The legal position of buying and selling land rights in stages referring to Article 1457 of the Civil Code, it is stated that buying and selling is a thing an agreement by which a party binds itself to hand over an object, and the other party to pay the price has been promised legal consequences if the land owner defaults buying and selling land rights in stages based on the Judge's Decision with Case Number 112/Pdt.G/2022/PN.Pbr. It is appropriate because it is granted Plaintiff's claim in part. This is because the defendants were proven legally and convincingly breach the land sale and purchase agreement which is paid in stages. So based on this, the panel of judges decide and declare the sale and purchase of a plot of land and building located on Jalan Cambodia II, RT .03, RW.02, Tobekgodang Village, Binawidya District

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