PERANAN NOTARIS PPAT DALAM MELAKUKAN PERLINDUNGAN HUKUM KEPADA PIHAK PEMBELI AKIBAT WANPRESTASI DARI PENJUAL DALAM PERJANJIAN PENINGKATAN JUAL BELI (PPJB) HAK ATAS TANAH

HADIAN, SUPANDI and Tito, sofyan and Sirman, Dahwal (2020) PERANAN NOTARIS PPAT DALAM MELAKUKAN PERLINDUNGAN HUKUM KEPADA PIHAK PEMBELI AKIBAT WANPRESTASI DARI PENJUAL DALAM PERJANJIAN PENINGKATAN JUAL BELI (PPJB) HAK ATAS TANAH. Undergraduated thesis, Universitas Bengkulu.

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Abstract

In the implementation of buying and selling, not everything goes according to the agreement desired by the parties. Under certain conditions, problems can arise that result in breach of contract/defaults. The buyer has handed over half the money from the entire purchasing price, suddenly the seller unilaterally canceled the sale and purchase. Therefore, the role of the notary in providing legal protection for the buyer, if a problem occurs, is certainly very necessary. This study aims to understand and to analyze the legal standing of the Sales and Purchase Binding Agreement (SPBA) in the event of default, as well as to understand and to analyze the legal protection of the Land Deed Official notary to the buyer due to default from the seller in the Sales and Purchase Binding Agreement (SPBA). This research used empirical juridical method. The data used were primary and secondary data. The population in this study were the Land Deed Official notaries in Bengkulu City. To analyze the research data, it was applied an analysis of legal materials carried out in the form of primary and secondary legal materials, then a qualitative juridical analysis was conducted. The results of the study showed that the deed of purchase binding agreement of land rights made by a Notary in its implementation was very strong, provided there was no dispute. In the case studied by the writer, the conclusion which can be drawn is that if seen from the terms of the validity of the agreement, the first Sales and Purchase Binding Agreement can be said to be valid and binding on the parties. The legal protection of the Purchaser in the SPBA deed actually already has multiple layers of legal protection, namely legal protection from the notary and SPBA deed. Legal protection that can be given to the fulfillment of the rights of all parties in buying and selling in addition to the legal protection provided by the strength of an authentic deed can also be based on Article 1338 of the Civil Code, as well as the good intentions of the parties to fulfill the agreement that has been made. While the repressively legal protection is the legal protection given if a dispute has occurred, the injured party in the sale and purchase agreement actively takes legal action by submitting a civil suit to cancel the sale and purchase agreement of interest in land to the Public Court so that it is expected to receive the fairest decision. Keywords: Land Deed Official Notary, Legal Protection, SPBA Default Consequence

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