Legal Protection for Land Sellers in Oral Sales and Purchase Agreements (Case Study of Kendari District Court Decision Number 40Pdt.G/2019/PN Kdi)

Abstract

This research aims to analyze, describe and analyze the legal status of oral agreements and provide legal protection for land sellers in oral sales and purchase agreements. The research method used is normative legal research, using a legislative approach. Case approach and conceptual approach and data collection. Through literature study. The analysis was conducted using descriptive-qualitative analysis by examining the legal force of the oral agreement and legal protection for land sellers. The results of the study show thatthat an oral sale and purchase agreement is considered valid because it meets the requirements for a valid agreement and is binding on the parties who made it. in accordance with Article 1320 of the Civil Code. This oral agreement is still considered valid and has legal force as long as it can fulfill Article 164 HIR and can be proven in court. Therefore, the Buyer is declared to have committed a breach of contract because he has broken his promise by not paying the payment fee within the agreed time limit and has already controlled the object of the agreement first. Therefore, the law protects the Seller's right to regain his land rights.