TINJAUAN WANPRESTASI DALAM AKTA PERJANJIAN JUAL BELI TANAH TERHADAP PENGALIHAN HAK ATAS TANAH KE PIHAK KETIGA (Studi Putusan Nomor 88/Pdt.G/2023/PN.Byw)

This study aims to analyze the validity of the Sale and Purchase Deed (AJB) in cases of default (wanprestasi) and the legal status of land rights transfer to third parties. The research problems are: (1) How is the validity of the process in the Sale and Purchase Deed Agreement in Decision Number 88/Pdt.G/2023/PN.Byw? (2) What is the legal status of the land transfer from the first buyer to the second buyer based on the Sale and Purchase Deed Agreement in Decision Number 88/Pdt.G/2023/PN.Byw? The literature review refers to the Indonesian Civil Code (KUHPerdata), the Basic Agrarian Law (UUPA), and Government Regulation Number 24 of 1997 concerning Land Registration, as well as the opinions of civil and agrarian law scholars. This research employs a normative juridical method with case, statutory, and conceptual approaches. The collection of legal materials was conducted through literature study of primary, secondary, and tertiary legal sources, which were then analyzed qualitatively using an interpretative approach. The results of the study indicate that the AJB is formally valid as it was executed before a Land Deed Official (PPAT), but it loses its binding force due to the occurrence of default, rendering it null and void by law. Consequently, the transfer of land rights from the first buyer to a third party without full payment and without the seller’s consent is deemed invalid and produces no legal effect. In conclusion, default can nullify the validity of the AJB, and any transfer of land rights conducted prior to the fulfillment of contractual obligations has no lawful legal consequence. The study recommends that parties involved in land sale and purchase transactions ensure the legality and validity of all parties and documents involved before signing the AJB to prevent future legal disputes.