Pelaksanaan pembatalan perjanjian pengikatan jual beli yang dilakukan oleh salah satu pihak (studi kasus putusan pengadilan negeri denpasar nomor 458/pdt.G/2015/pn.Dps) = The execution of cancellation of sale and purchase agreement done by one of the parties (case study on court ruling of district court of denpasar number 458/pdt.G/2015/pn.Dps)

Ronaldi, Hendra (2018) Pelaksanaan pembatalan perjanjian pengikatan jual beli yang dilakukan oleh salah satu pihak (studi kasus putusan pengadilan negeri denpasar nomor 458/pdt.G/2015/pn.Dps) = The execution of cancellation of sale and purchase agreement done by one of the parties (case study on court ruling of district court of denpasar number 458/pdt.G/2015/pn.Dps). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

The present increasing needs of land encourages people to get involved in land sale and purchase activities as one of the forms of transfer of rights of land. In practice, presently the parties usually do not directly get Sale and Purchase Certificate (SPC) made before a Land Deed Official (LOD/”PPAT”), but the parries concerned usually make a preliminary agreement the content of which includes agreements made by the parties, that is, in the form of Sale and Purchase Agreement (SPA/”PPJB”). The SPA/PPJB is usually made because a SPC cannot be made as some of the requirements for making the Purchase Certificate (SPC) have not been fulfilled. The problems discussed in this thesis were about the rights and obligations of PT. BALI KARISMA PRATAMA and Mr. VOLMER SIMANJUNTAK in a SPA made by the two parties. Furthermore, whether the developer could make another SPA with another party on the same object of sale and purchase at the time the first purchaser requested the cancellation of the sale and purchase agreement. In this study, the writer used both Normative study method and literature review. Data collection of the study was obtained form field study and literature review, where the sources of data were both from primary and secondary data. If considered from the rights and obligations of both the purchaser and the seller in a SPA, it was revealed that the rights and obligations of both parties have been fulfilled, but the clauses or articles contained in the agreement were too limited, namely, there were only 4 (four) clauses or articles, so that under such circumstances, such restricted agreement might cause damages or losses to one of the parties in case there was disputes arising out of the said agreement. The next problem was whether the same object of sale and purchase could be sold to another party if the first purchaser has requested the cancellation of the purchase. According to the provision set out in Article 1338 of the Indonesian Civil Code (KUHPer), if one of the parties wishes to cancel a SPA, the said agreement can be cancelled as both parties have mutually agreed to cancel it and, therefore, the land, which is the object of the previous agreement, may be sold to another party.

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