Jurnal Ilmiah Raad Kertha
Vol 2, No 2 (2019)

Akibat Hukum Atas Perjanjian Jual Beli Hak Atas Tanah Yang Mengandung Cacat Hukum

A. A. Sagung Poetri Paraniti (Universitas Mahendradatta)
I Wayan Wiryawan (IKIP Saraswati Tabanan)



Article Info

Publish Date
08 Jul 2020

Abstract

Land for humans has a very important meaning for life itself and together with the community.The importance of land can be seen from the function of the land, namely as a place to stand, for houses,a place to make a living, as a place to worship the Creator and also a place to bury those who havedied. By paying attention to the function of such a large land, the longer it feels as if the land becomesnarrow, while the demand always increases, it is not surprising that the value of the land becomes high.From the importance of the land, it is very necessary to do a study of what is meant by the sale andpurchase agreement of land rights that contain legal defects? What efforts can be taken in resolvingthe sale and purchase of land rights that contain legal defects? This type of research uses legal researchin normative legal aspects that reviews current legislation in Indonesia in relation to the legalconsequences of land purchase and sale agreements that contain legal defects. For the answer all theseproblems, article 1425 of the Civil Code regulates the occurrence of buying and selling and the articlestates that the sale and purchase is deemed to have occurred between the two parties, immediatelyafterwards these people agreed on the material even though the price of the material had not beendelivered or the price not yet paid. With the sale and purchase of the land, it does not mean that the ownership rights in this case the ownership rights to the land have changed. Because the transfer ofownership rights to land needs to be followed by legal actions in the form of Yuridische levering so thatit does not cause legal defects. The legal effect of the land purchase agreement that contains legaldefects is that the seller returns the money from the sale of land to the buyer and the buyer returns thecertificate of land rights to the seller so that it can be canceled due to the seller's fault. Efforts that canbe taken in resolving the sale and purchase agreement on land containing legal defects can be resolvedeither by deliberation, peace or family and if this fails, the solution is through mediation, if it is notfinished, the legal remedies are the last resort.

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Journal Info

Abbrev

raadkertha

Publisher

Subject

Social Sciences

Description

Jurnal Ilmiah Raad Kertha is a peer-review scholarly Law Journal issued by Faculty of Law Universitas Mahendradatta which is purported to be an instrument in disseminating ideas or thoughts generated through academic activities in the development of legal science (jurisprudence). Jurnal Ilmiah Raad ...