DEFAULT BY LAND BUYERS THROUGH BINDING SALE AND PURCHASE AGREEMENT WITH INSTALLMENTS

I Made Arjaya

Abstract


Land is an important need for the Indonesian people. The agreement of the parties, namely the seller and the buyer in terms of buying and selling land by way of installment payment, is made a sale and purchase bond agreement (PPJB) by the Notary. The implementation of buying and selling land in installments through PPJB occurs with the process of parties coming to the Notary's office to make PPJB and In PPJB land in installments will be mentioned on the payment deed in several stages and carried out on what date. In the event that sanctions for late payment will be regulated according to the agreement of the parties. In the event of a default, the legal consequence that arises is that the agreement made by the parties can be canceled or canceled by itself (null and void) or the deed is amended so that the agreement can be continued and completed with the Deed of Sale and Purchase.

Keywords


Default; Land Buyer; Binding Sale and Purchase; Installment

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References


Journals:

Hanapiah, Y., Prihanto, S., & Wahyuningsih, S. E. (2018). Things that need to be considered by a notary in making a notarial agreement deed. Journal of Acts, 5(1), 112-116. DOI: http://dx.doi.org/10.30659/akta.v5i1.2538

Putri, D. K. (2017). The difference between a full sale and purchase binding agreement and an unpaid sale and purchase binding agreement. Journal of Acts, 4(4), 623-634. DOI: http://dx.doi.org/10.30659/akta.v4i4.2505

NIM, M. K. R. ANALYSIS OF THE LEGAL FORCE OF THE BINDING AGREEMENT ON THE SALE AND PURCHASE OF LAND IN INSTALLMENTS CARRIED OUT BEFORE A NOTARY. Journal of Legal Fatwa, 8(2).

Scott, S. (2025). A review of the Position of Electronic Land Certificates in the Civil Procedure Law as authentic evidence in Indonesia. Journal Of Literature Review, 1(1), 07-12. https://ojs.indopublishing.or.id/index.php/jlr/article/view/15

Husni, L., & Salim, H. S. (2021). Legal Analysis of the Substance of Authentic Deeds: As an Instrument in the Preparation of Textbooks on Techniques for Making Deeds of Agreement. Journal of Notary Treatises, 2(1), 1-17. DOI: https://doi.org/10.29303/risalahkenotariatan.v2i1.19

Silado, A. B., & Syailendra, M. R. (2023). Legal Remedies for Defaults in Land Sale and Purchase Binding Agreements. UNES Law Review, 6(2), 5647-5658. DOI: https://doi.org/10.31933/unesrev.v6i2.1392

Zakia, I. (2020). Default in the Binding Purchase Agreement in Installments and Notary Liability Based on the Analysis of the Supreme Court Decision Number 884 PK/Pdt/2018". Indonesian Notary, 2(2), 20.: https://scholarhub.ui.ac.id/notary/vol2/iss2/20

Rahman, A., Wahyuningsih, W., Andriyani, S., & Mulada, D. A. (2025). Legal Analysis of Binding Land Sale and Purchase Agreement (PPJB). Journal of Fundamental Justice, 6(1), 101-116. DOI: https://doi.org/10.30812/fundamental.v6i1.4885

Dalimunthe, D. (2017). Consequences of Default Law in the Perspective of the Civil Code (BW). AL-MAQASID Journal: Journal of Sharia and Civil Sciences, 3(1), 12-29. DOI: https://doi.org/10.24952/almaqasid.v3i1.1444

Books:

Scott, S. (2021). The Urgency of Including the Period in the Fulfillment of the Rights and Obligations of the Parties in the Deed of Agreement on the Binding Sale and Purchase of Land Rights made before a Notary (Master's thesis, Sultan Agung Islamic University (Indonesia)).

Subekti, S. H., Lestari, V. N. S., & S. E., M. (2020). Legal Protection for Consumers of Landed Houses in Sale and Purchase Contracts Based on Sale and Purchase Binding Agreement. Jakad Media Publishing.

Halimah, N. L., & Indrawati, S. (2025). Treaty Law and Dispute Resolution Based on Civil Law. Tri Scientific Education Foundation.

Regulation:

Constitution of the Republic of Indonesia of 1945 (Statute Book of the Republic of Indonesia of 1959 No. 75).

Civil Code (Staatsblad of 1847, No. 23) Law No. 5 of 1960 concerning Basic Regulations on Agrarian Principles (Statute Book of 1960, No. 104, Supplement to Statute Book No. 2043)

Law No. 30 of 2004 concerning the Position of Notary, (Statute Book of the Republic of Indonesia Th. 2004 No. 117, supplement to Statute Book of the Republic of Indonesia No. 4432).

Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of Notary, (Statute Book of the Republic of Indonesia Th. 2014 No. 3, supplement to Statute Book of the Republic of Indonesia No. 5491)

Interview:

The interview was conducted on January 31, 2022, at the Notary Office with Notary/PPAT Luh Putu Astriani, Sh., M.Kn, located at Andika Graha, Jalan Raya Dalung, North Kuta District, Badung Regency.

The interview with Mrs. Notary/PPAT Nurhayati, SH., M.Kn in Denpasar City was conducted on January 19, 2022, at the Kertawijaya Shop, Jalan Diponegoro No. 18, Dauh Puri.

Interview with Notary/PPAT Ulce Irithrina Sudjateruna, SH, at Jl. Bypass Ngurah Rai No.1, Kuta, Badung Regency.




DOI: http://dx.doi.org/10.30659/akta.v13i2.47483

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