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PEMENUHAN KEWAJIBAN ATAS PERJANJIAN PENGIKATAN JUAL BELI HAK ATAS TANAH (STUDI KASUS PUTUSAN NOMOR 93/PDT/2021/PT PLG)

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This research discusses the fulfillment of obligations in the Sale and Purchase Binding Agreement (PPJB) of land rights, using the Decision of the Palembang High Court Number 93/PDT/2021/PT PLG as a case study. The background of this study is the need for legal certainty regarding PPJB, which is commonly used by the public when the transfer of land rights cannot yet be carried out through a Sale and Purchase Deed (AJB). The research problems include how land rights as the object of sale and purchase are regulated, how judges should legally consider issues of default (wanprestasi) in PPJB of land rights, and how legal protection for the parties involved in PPJB can be ensured in the future. The research applies a normative legal method with statutory, conceptual, case, and futuristic approaches. The legal materials used consist of primary, secondary, and tertiary sources, analyzed qualitatively using deductive reasoning techniques. Based on the findings, the regulation of land rights is grounded in the Basic Agrarian Law (UUPA) and the Civil Code (KUHPerdata), under which PPJB is valid as a binding agreement even though it does not directly transfer rights. The judges’ considerations in the decision were appropriate in declaring the occurrence of default; however, they should have examined the defendant’s objection regarding the third-party claim more thoroughly to produce a more comprehensive legal analysis. Future legal protection needs to be strengthened through the role of notaries in verifying land status and through regulations ensuring that PPJB objects are free from disputes. This research recommends that the public and notaries be more meticulous in drafting PPJB clauses, that judges provide deeper legal considerations regarding defendants’ objections, and that policymakers enhance regulations on PPJB legal protection to ensure legal certainty going forward.

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Detail Information

Series Title

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Call Number

T1919362025

Publisher

Indralaya : Prodi Magister Kenotariatan, Fakultas Hukum Universitas Sriwijaya., 2025

Collation

xiv, 92 hlm.; ilus.; 29 cm

Language

Indonesia

ISBN/ISSN

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Classification

346.043 607

Content Type

Text

Media Type

unmediated

Carrier Type

-

Edition

-

Subject(s)

Prodi Magister Kenotariatan

Specific Detail Info

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Statement of Responsibility

KA

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