Alhaq, Ali Daffa (2025) Akibat Hukum Terhadap Sengketa Akta Jual Beli Tanah yang Dibuat oleh Pejabat Pembuat Akta Tanah ( studi putusan No : 73/Pdt.G/2013/PN-Btl). Undergraduate thesis, Universitas Muhammadiyah Malang.
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Abstract
This research analyzes the legal consequences of disputes regarding Sale and Purchase Deeds of Land based on Decision No. 73/Pdt.G/2013/PN-Btl. The main objective is to evaluate the alignment of the court's decision with prevailing laws and principles in Indonesia, as well as to understand the application of these legal norms in juridical practices. This study employs a normative juridical method, focusing on the analysis of positive legal rules and norms. The findings indicate that the Sale and Purchase Deed No. 032/2012 and the underhand Sale and Purchase Agreement between the Plaintiff and Defendant I were null and void due to formal and material defects. The court ruled that these documents failed to meet the essential elements stipulated in Article 1320 of the Indonesian Civil Code. The unmet requirements include the agreement of the parties and the legality of the subject matter, both of which are fundamental to the validity of any sale and purchase deed. Consequently, these documents hold no legal force to protect the rights of the involved parties. This research contributes significantly to understanding the application of civil law in resolving disputes over land sale agreements, particularly in assessing the validity of sale deeds prepared by Land Deed Officials (PPAT). Theoretically, the findings aim to enrich the study of civil law, especially in examining the legal implications of formal and material defects in sale agreements and the application of the principle of legality in court decisions.
Item Type: | Thesis (Undergraduate) |
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Student ID: | 201810110311611 |
Keywords: | Deed of Sale and Purchase of Land, Formal and Material Defects, Court Decision |
Subjects: | K Law > K Law (General) |
Divisions: | Faculty of Law > Department of Law (74201) |
Depositing User: | 201810110311611 alidaffaalhaq |
Date Deposited: | 24 Jan 2025 11:14 |
Last Modified: | 24 Jan 2025 11:14 |
URI: | https://eprints.umm.ac.id/id/eprint/14102 |