PERJANJIAN PENGIKATAN JUAL BELI ATAS TANAH YANG TERIKAT HAK TANGGUNGAN DI KOTA PADANG

Dina, Fadhilah (2019) PERJANJIAN PENGIKATAN JUAL BELI ATAS TANAH YANG TERIKAT HAK TANGGUNGAN DI KOTA PADANG. Masters thesis, Universitas Andalas.

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Abstract

Conditional sale and purchase agreement of land between parties can be done through a privately made deed or a notarial deed, but the problem is the Sale and Purchase Agreement of Land Object that is used as Collateral to the Bank with Mortgage. In principle, land that is still a collateral can be purchased by redeeming the certificate to the Guarantee Holder in this case the Underwriting Right Holder, but the problem is that the land has been fully paid, but the certificate has not been redeemed by the seller, this clearly weakens the position of land buyers, because if the land is to be executed / auctioned by the Underwriting Rights Party, it can be carried out legally in accordance with the principle of droit de suite (object security right follows wherever it is). The problems discussed are (1) What is the process of making a conditional sale and purchase agreement in Padang city? (2) How is the dispute settlement occurring in the implementation of a conditional sale and purchase agreement that is legally flawed in Padang city? (3) What is the Notary's responsibility in resolving disputes regarding the conditional sale and purchase agreement that is legally flawed in Padang city? This research is juridical empirical with an analytical descriptive approach. The making of the Conditional Sale and Purchase Agreement is based on several factors, namely there are Debts among the parties that make land objects as collateral for repayment of the land and accompanied by Selling Authorities, each Land is in the process of solving, merging, separating, or being certified. Dispute Settlement of Conditional Sale and Purchase Agreement whose object is charged Underwriting Rights can be carried out through several stages, namely through a deliberation and consensus process where the Seller invites the Buyer to resolve the problem by means of requesting the cancellation of the Conditional Sale and Purchase Agreement and returning all the fees as before or by asking the Seller to request approval from the Underwriting Rights Party. The notary in carrying out his position must be based on accuracy. There are three responsibilities of the notary namely: administration, civil, and criminal. In the Deed of sale and purchase agreement that the object is pledged in the bank, the notary does not provide legal counseling to the agreements that will be made by the parties, and does not provide advice based on confidence in the field that is controlled within the limits of the notary's ability. Keywords: Dispute Settlement, Conditional Sales and Purchase Agreement, Mortgage Rights and Notary

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