Peran Pengadilan dalam Pembatalan Perjanjian Jual Beli Tanah di Bawah Tangan (Studi Kasus Putusan No.471/Pdt.G/2016/PN.Mdn)

Abstract

The background of the discussion of this research is about the Role of the Court in Cancellation of the Land Sale and Purchase Agreement by analyzing cases taken from the Medan District Court. In this connection, this research takes issue about: What are the factors behind the cancellation of the land purchase agreement through a court decision, how is the legal consequence of the cancellation of the land purchase agreement through a court decision and the last is how is legal protection for parties in the implementation of the sale and purchase of land. The review of literature in this study presents a review of the notion of land, sale and purchase agreements, power of the court and cancellation of the agreement. The theories proposed are theories of legal certainty, justice theory and legal protection theory. The method used in this thesis research is normative or doctrinal law research, namely research conducted by examining library material (secondary data) or library legal research. The results of the research and discussion are: Factors that influence the cancellation of the sale and purchase agreement are: the sale and purchase price agreed upon in the contract of sale and purchase is not paid by the buyer until the agreed period, the land documents needed for the process transfer of land rights (sale and purchase of land in front of PPAT) has not been completed until the agreed period, the object of sale and sale turns out in the future in a dispute, the parties do not repay their obligations in paying taxes and the binding agreement on land sale is canceled by the parties. The legal consequences of the cancellation of the land sale and purchase agreement are; the parties must fulfill their obligations as agreed. The Sale and Purchase Agreement is made in an authentic deed so as to provide legal protection and certainty for the parties who made it.