PERTANGGUNGJAWABAN PARA PIHAK DALAM PERJANJIAN PENGIKATAN JUAL BELI TANAH DI BUKITTINGGI AKIBAT DARI WANPRESTASI

HAFIZHAH, TARTILA (2025) PERTANGGUNGJAWABAN PARA PIHAK DALAM PERJANJIAN PENGIKATAN JUAL BELI TANAH DI BUKITTINGGI AKIBAT DARI WANPRESTASI. S2 thesis, UNIVERSITAS ANDALAS.

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Abstract

A binding sale and purchase agreement is an agreement made by a prospective seller and a prospective buyer on the basis of an agreement prior to the sale and purchase, where this agreement can be made in the form of a private deed or notarial deed. In the agreement, default may occur, whether committed by the creditor or debtor. The parties in default must be responsible for their default, because of the principle of pacta sunt servanda, the agreement made by the parties is valid as a law for the parties to bind themselves. In cases number 2108/K/Pdt/2019 and 49/Pdt.G/2022/PN.Bkt, there was a breach of contract, the parties did not carry out their achievements according to what was agreed. Formulation of the problem (1) How is the implementation of the land sale and purchase agreement in Bukittinggi in cases 2108/K/Pdt/2019 and 49/Pdt.G/2022/PN.Bkt? (2) What are the responsibilities of the parties in the land sale and purchase agreement in Bukittinggi in cases 2108/K/Pdt/2019 and 49/Pdt.G/2022/PN.Bkt? (3) What are the judge's considerations in the land sale and purchase agreement in Bukittinggi cases 2108/K/Pdt/2019 and 49/Pdt.G/2022/PN.Bkt? The research method used is Normative Juridical, the type of data used is secondary data, to obtain secondary data data sources are used from primary legal materials and secondary legal materials, data collection techniques are literature study and interviews, data analysis techniques are qualitative analysis. Research result (1) In case 2108/K/Pdt/2019 the agreement was not fully implemented because the debtor sold part of the object of the agreement to another party, the debtor had unilaterally canceled the promise so that the debtor committed an act against the law, whereas in case 49/Pdt.G/2022/ PN.Bkt creditor defaulted because he did not pay the full price according to what was agreed (2) Case 2108/K/Pdt/2019 the debtor must be responsible for his actions, the debtor must continue according to the agreement and return the money from the sale and purchase with another party, because of the sale and purchase null and void by law, whereas in case 49/Pdt.G/PN.Bkt the creditor must pay the remaining payment according to what was agreed (3) In these two cases the judge made a decision by looking at the existing evidence and decided the case according to what was law for the parties in these two cases, namely the PPJB of each case.

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