Deviation from Sale & Purchase Agreement Made by A Notary in Sale of Land

Lita Astika Pangesthi

Abstract


A sale and purchase agreement is an agreement between the seller and the buyer, prior to the execution of the Sale and Purchase Deed. Because there are requirements in the sale and purchase that have not been fulfilled, these requirements include: a certificate of land title is in process, the price has not been paid for the sale and purchase of the land, or because the taxes imposed have not been able to be paid by the seller or the buyer. The purpose of this research is to examine: 1). Implementation of PPJB made by a Notary in buying and selling land, 2). Irregularities and solutions in the implementation of PPJB made by Notaries in the sale and purchase of land. The approach method in this research is Normative Juridical. Legal research is carried out by examining library materials or secondary data as the basic material for research by conducting a search of the regulations and literatures related to the problem under study.Conclusion with the making of the Sale and Purchase Agreement by the Notary Public, in its implementation, legal deviations are not uncommon, among others: 1). PPJB is not always behind the name of the buyer, but is resold to a third party, 2). Transaction value in AJB is not in accordance with PPJB, 3). Authorization to sell for PPJB paid off separately.


Keywords


Sale and Purchase Binding Agreement; Sale and Purchase; Deviation.

Full Text:

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References


Books:

Ahmadi Miru and Sakka Pati. (2012). Hukum Perikatan. Jakarta: Rajawali Pers.

Habib Adjie. (2008). Hukum Notaris Indonesia. Bandung: PT. Refika Aditama.

Herlien Budiono. Artikel Pengikat Jual Beli Dan Kuasa Mutlak Majalah Renvoi, edisi tahun I, No 10, Bulan March 2004

……………………. (2011). Ajaran Umum Hukum Perjanjian dan Penerapannya di bidang Kenotariatan. Bandung: Citra Aditya Bakti.

Salim HS. (2015). Tektik Pembuatan Akta Satu. Jakarta: PT. Raja Grafindo Persada.

…………… (2017). Tektik Pembuatan Akta Perjanjian (TPA DUA). Depok: PT. Raja Grafindo Persada.

Urip Santoso. (2010). Pendaftaran dan Peralihan Hak atas Tanah. Jakarta: Kencana Prenadamedia Group.

Regulation:

The Constitution of 1945

Civil Code (Burgerlijk Wetboek)

Act No. 5 of 1960 concerning Basic Agrarian Regulations

Act No. 30 of 2004 concerning Notary Position

Government Regulation Number 24 of 1997 concerning Land Registration

Government Regulation Number 37 of 1998 concerning Regulation of the Position of Land Deed Making Officials

Presidential Regulation 10 of 2004 concerning the National Land Agency

Instruction of the Minister of Home Affairs Number 14 of 1982 concerning the Prohibition of Using Absolute Power as Transfer of Rights to Land




DOI: http://dx.doi.org/10.30659/sanlar.v3i1.13963

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