INJAUAN YURIDIS TERHADAP WANPRESTASI JUAL BELI TANAH BERDASARKAN KITAB UNDANG-UNDANG HUKUM PERDATA ( STUDI KASUS PUTUSAN PENGADILAN NEGERI NOMOR 9/PDT.G/2017/PN.CLP )

Authors

  • Bradley Garcia Ridwan Fakultas Hukum, Universitas Pamulang
  • Kristin Esterinah Alfares Fakultas Hukum, Universitas Pamulang
  • Muhammad Irfan Fakultas Hukum, Universitas Pamulang

Abstract

The purpose of this article is to analyze and find out the legal protection offered to the parties to the contract in connection with the purchase and sale . The legal protection given to one of the parties to the contract contained in the contract if the contract expressly states it in the terms and agreed in the contract. non-contractual laws in the applicable laws and regulations, namely civil law and legal provisions. Legal protection is important to ensure the fulfillment of legal rights. In addition, the legal protection provided has other objectives: legal certainty, legal benefits, and the realization of justice for the parties. The legal protection provided can be preventive (prevention) or repressive (remedial). A contract entered into for the purchase and sale of land below establishes a legal relationship between the two parties who create it. The legal relationship itself is a relationship that produces legal consequences guaranteed by law or by law. Legal actions that are determined as legal consequences must be protected by law, especially in cases that occur between the parties. Because land disputes can arise after the land sale and purchase agreement is agreed, there should be no settlement and certainty in the settlement of existing disputes or may arise after the agreement is agreed. Legal protection is needed for transparency and transparency.

 

Keywords: Legal Protection; Under-hand Agreement; the sale of Land

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Published

2023-03-23