Sale Agreement Research Articles

Legal Agreement on Supreme Court Decision Number 2992 K/Pdt/2015: Legal Issues in Capital Goods Sale and Purchase Agreements reviewed from International Civil Law

Legal Agreement on Supreme Court Decision Number 2992 K/Pdt/2015: Legal Issues in Capital Goods Sale and Purchase Agreements reviewed from International Civil Law

The rights and obligations of consumers, banks and developers in the home purchase agreement through the home ownership loan facility (STUDY PT.PILAR WAHANA SEJATI)

This study aims to (1) Examine and analyze the legal relationship between consumers and developers due to the Home Purchase Agreement. (2) reviewing and analyzing the legal protection of Home consumers due to the obligations of the developer due to the house sale and purchase agreement. The research method used is juridical normative by using conceptual (conceptual approach). Data analysis is done qualitatively by utilizing relevant positive theories and laws. Legal protection of consumers is regulated in law No. 8 of 1999 on consumer protection this law is expected to protect consumers in buying and selling homes through home ownership credit facilities. Based on the rules of law ,then in making the sale and purchase of houses must be made in the form of an authentic deed that is a deed that is made in the form specified by law and made before the competent public officials. Deed of sale and purchase under Article 617 of the Civil Code Kepmenpera number 09/1995 and PP24 / 1997, The Deed of sale and purchase must be signed by the seller and buyer in the presence of PPAT.

Effectiveness Of Article 42 Sentence (1) Uu No. 6 Of 2023 On The Creation Of Work Regarding The Implementation Of The Basis Of Legal Certainty In The Mortgage Agreement By The Banks With The Act Of Binding Agreement Of Sale And Purchase

PT Bank Tabungan Negara (Persero) Tbk (Bank BTN) is a State-Owned Enterprise (BUMN) which operates in the banking sector, committed to being a bank that serves and supports housing sector financing. The mission carried out by Bank BTN is to actively support the government in advancing the welfare of the Indonesian people through home ownership and realizing the life that millions of Indonesians dream of through providing decent homes. One type of credit that is still in demand and needed by the public is KPR (Home Ownership Credit). Bank BTN as a bank that focuses on housing financing certainly fully supports the One Million Houses Program launched by the government. It is proven that currently Bank BTN is a bank with market share The largest Home Ownership Credit (KPR) in Indonesia. In order to improve and optimize services to the community with the development of the KPR business and support Bank operations both in terms of business processes and maintaining document quality, there are conditions where it is not possible to make a Sale and Purchase Deed (AJB) so that a temporary binding agreement is needed, namely a Sale and Purchase Agreement ( PPJB). This research aims to determine the implementation of KPR agreements by Bank BTN with sale and purchase binding deeds (PPJB) according to Article 42 paragraph (1) of Law no. 6 of 2023 concerning Job Creation at Bank BTN Kediri. This type of research is empirical juridical legal research and the specifications in this research are descriptive. The source and type of data in this research is primary data obtained from field studies in the form of interviews with Bank BTN Kediri employees. And secondary data was obtained from literature studies related to the theory of legal certainty. The results of this research are that the implementation of the KPR agreement by Bank BTN with the PPJB deed based on Article 42 paragraph (1) of the Job Creation Law does not fully meet the requirements stipulated in Article 42 paragraph (2) of the Job Creation Law.

Legal Analysis of the Legal Consequences of a Deed of Sale and Purchase Agreement (PPJB) for Land Ownership Rights That is Unilaterally Cancelled

It is undeniable that problems still often occur in society regarding PPJB deeds, one of which is the unilateral cancellation of PPJB deeds which can have legal consequences for the parties. This study aims to examine the legal regulations regarding the cancellation of PPJB deeds of land ownership rights, as well as the legal consequences of PPJB deeds that are unilaterally canceled. The legal research method uses a normative juridical research method with laws and regulations and legal writings as legal materials. The research approach used in this study is the statutory approach and the conceptual approach. Data analysis uses qualitative data analysis. The results of this study are: first, the legal regulations regarding the cancellation of PPJB deeds are regulated in the Civil Code, namely that unilateral cancellation is justified by law if the parties to an agreement expressly agree to set aside the provisions of Article 1266 of the Civil Code under any conditions, on condition that it must be based on a judge's decision. Unilateral cancellation of an agreement due to default without a Judge's decision is not a problem as long as the other party also accepts the decision, but if one party refuses to be accused of default, then the parties submit to the Judge to assess whether or not there is a default. Second, the consequences of the cancellation of the agreement are regulated in Articles 1451 and 1452 of the Civil Code, where the legal consequences are to return the situation to its original position as it was before the agreement was made. In the cancellation of the PPJB deed, the seller has an obligation to return the amount of money that has been paid by the buyer minus the costs that have been incurred by the seller, while the buyer must pay a fine to the seller due to the default that was made.

Ratio Legis of the Deed of Sale and Purchase Agreement as an Object of Land and Building Acquisition Duty

This research attempts to unravel the various dynamics governing BPHTB. This research focuses on examining two issues, namely (1) the ratio legis of PPJB regulation as the object of BPHTB and the implications of PPJB as the object of BPHTB after the issuance of Law 1/22 which amended the previous BPHTB Law as a whole. In this paper, it is found that there are several reasons that make PPJB as the object of BPHTB, namely: (1) based on the social function of land based on the agrarian law regime, so that every acquisition of land rights is taxed which is used as a net regional income; (2) the imposition of BPHTB on PPJB as an increase in regional income; (3) from the nature of PPJB as a binding transaction and as a marker of a legal event which is then followed by the making of AJB as the basis for the acquisition of land rights. Second, the implications of BPHTB for the changes in the original regulation in the PDRD Law which was later revoked by the 2022 HKPD Law, have made several changes that affect the legal certainty of taxpayers in paying BPHTB. There is an antinomy in regulating the time payable and payment of BPHTB to the local government. The time payable arrangement as the basis for payment is made after the signing of the sale and purchase deed. However, the payment arrangement states otherwise, namely at the time the sale and purchase deed is signed. However, on the other hand, the regulation also requires the notary to request proof of payment before the signature of the sale and purchase deed. The difference in provisions on the time payable and the deadline for payment affects the legal certainty of the sale and purchase process, and is not in accordance with the meaning of BPHTB as a duty paid after the acquisition of land rights. In addition to the implications that arise for taxpayers, the above arrangements also affect the legal certainty of notaries / PPATs who carry out their duties which are overshadowed by sanctions if they sign the deed before BPHTB is paid in full. The research method used in this writing is normative juridical research method, using three types of approaches, namely historical approach, legislative approach and conceptual approach. The urgency of implementing tax collection on deeds of acquisition of land rights known as BPHTB is to emphasise the social function of land through tax collection carried out by the government. PHTB on PPJB is one of the sources of local revenue used to organise local government and third, namely from the nature of PPJB which is an agreement that binds both parties to the certainty of the transaction being carried out, as the initial act of the legal event of sale and purchase in question.

The Responsibilities of Land Deed Officials in Cases of Legally Null and Void Sale Agreements

The Land Deed Official (PPAT) often finds themselves as the defendant in legal cases. One notable example is the decision from the Makassar District Court No. 126/Pdt.G/2019/PN Mks. The purpose of this research is to analyze the responsibilities of the Land Deed Official (PPAT) when the deed they have prepared is declared null and void by law. This study employs a normative legal research approach, utilizing both legislative and case study methods. The legal materials for this research consist of primary legal materials and secondary legal materials, which will be analyzed using systematic interpretation and grammatical interpretation techniques. The findings indicate that the PPAT, as a public official responsible for drafting the Sale and Purchase Deed in Decision No. 126/Pdt.G/2019/PN Mks, must be accountable for the deed they create from an administrative perspective. This deed was declared null and void due to the failure to meet the contractual elements; consequently, the PPAT faced only administrative sanctions based on the ruling.

Legal Consequences for Businesses which include Exoneration Clauses in Online Sale and Purchase Agreements

With the rapid development of internet technology, products offered by business actors can now be marketed and distributed quickly and globally through websites. This allows anyone, regardless of location, to directly access these sites and make online transactions. However, in some cases, business actors include terms such as "goods cannot be exchanged or returned" or "No Complain," which fall under what is known as an exoneration clause. The problems formulated for discussion are: 1) How can consumers anticipate and respond to the inclusion of exoneration clauses in online sales and purchase agreements? and 2) What are the legal consequences for business actors who include exoneration clauses in online agreements? The research method used is normative legal research, which analyzes legal problems, facts, and related legal phenomena through a legal approach to obtain a comprehensive understanding of the issue being studied. This descriptive analytical research aims to describe the situation or problem without drawing universally applicable conclusions regarding the legal consequences for business actors who apply exoneration clauses in online sales and purchase agreements. Based on the research results, the author concludes that business actors who include exoneration clauses for food products in online agreements are absolutely liable for any losses suffered by consumers. In such cases, the business actors are directly responsible for product defects caused by their own negligence.

Tanggung Jawab Showroom Atas Perbaikan Kendaraan Bermotor Bergaransi Perspektif Wahbah Zuhaili: Studi Kasus Kp. Pajak Pulo Jantan Kecamatan N.A IX -X Kabupaten Labuhanbatu Utara

Kp. Pajak Pulo Jantan or Pajak Pulo Village, District N.A IX -X North Labuhanbatu Regency there are cases where motor vehicle SHOWROOMs do not want to claim a damaged engine warranty from their customers even though in the previous sale and purchase agreement it has been agreed. The purpose of this study is to determine the completion of business actors' responsibility for repairing motor vehicles with a warranty perspective from Wahbah Zuhaili's perspective. How is the agreement for guaranteed motor vehicle repairs at the Kp. Pajak Pulo Jantan or District NA. Xi-X North Labuhanbatu. The research method used in this study is an qualitative method to make it easier to get data and also easier to analyze the problems in this study. The results showed that the warranty claim itself according to Wahbah Az-Zuhaili must be carried out because there has been an element of tadlis in the sale and purchase of the motorcycle unit. Not only that, the obligation to carry out this warranty claim is as evidence of fulfillment of the disgrace on an item. Then the obligation order of business actors is also in line with the Consumer Protection Law so that business actors can be prosecuted for committing unlawful acts.

Legal Protection for Creditors Due to Problem Credit with Collateral Rights Guarantee

Legal consequences of the implementation of the Power of Attorney to Charge Mortgage Rights in the implementation of the Sale and Purchase Agreement by a Notary based on the main agreement, namely the Credit Agreement in Banking which is not followed by the making of a Deed of Granting Mortgage Rights and analyzing legal protection for creditors in credit agreements with the execution of mortgage guarantees if the debtor is in default for settlement due to problematic credit. Based on Article 8 of Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 concerning Banking in providing credit, banks apply the principle of "5C" which is mainly to see the customer's ability to accept the credit applied for. If the debtor defaults so that problematic credit occurs, then they can file for the execution of the Mortgage Guarantee if the collateral is in the form of land or buildings for the implementation of the SKMHT along with the APHT by a Notary. The purpose of this study was to determine the regulations for debtors who are in default in credit agreements with the imposition of Mortgage Rights and legal protection for creditors in the event that the debtor is in default. By using normative-empirical research methods, data collection techniques in the form of primary data by interviewing informants as informants and secondary data in the form of documents related to the problems studied to obtain conclusions if the debtor defaults in a credit agreement with the imposition of Mortgage Rights, based on the regulations of Law No. 4 of 1996 concerning Mortgage Rights, it states that the imposition is carried out by making a credit agreement first, then the imposition of mortgage rights and registration of the Deed of Granting Mortgage Rights with a predetermined time limit. So that there is legal protection for creditors so that the debtor's debt repayment can be carried out in accordance with the provisions of the Mortgage Law concerning the creditor's right to sell the object of the mortgage right

Cancellation of Sale-Purchase Agreement and Absolute Power of Attorney Clause Made Based on Debts and Receivables

The Sale and Purchase Agreement (hereinafter abbreviated to PPJB) is a preliminary agreement as an effort to overcome the obstacles of the parties who have not been able to make a Deed of Sale and Purchase (hereinafter abbreviated to AJB). However, in several cases abuse of the use of PPJB and Power of Sale has been found. PPJB and Power of Sale become a security agreement for debts. The PPJB contains a power of sale clause and a Power of Sale Deed which grants power from the owner of the land object (as the seller/party who has the debt/debtor) to the debtor (as the buyer/party who gives the receivable/creditor) to transfer land rights. Debtors who suffer losses because they do not intend to sell the land can file an effort to cancel the agreement. Based on the problem approach (statute approach), conceptual approach (conceptual approach), and case approach (case approach), namely various decisions that have legal force, it can still be concluded that the Supreme Court and lower courts have maintained the unity of law application and consistency of decisions, especially regarding legal smuggling. Sale-Purchase Agreements and Absolute Power of Attorney Clauses Made Based on Debts and Receivables, by declaring such agreements null and void by law even if the agreement is made based on a Notarial Deed or Authentic Deed. Application for cancellation of agreement due to fraud, coercion or abuse of circumstances (misbruik van omstandigheden).

Wewenang Pembuatan Akta Tanah oleh Notaris dalam Prespektif Kepastian Hukum

One of the authorities given to a notary as a public official is to create authentic deeds, in addition to other powers determined by law. According to Article 1868 of the Civil Code, an authentic deed is one made by an authorized official in a form specified by law. Both notaries and PPAT (Land Deed Officials) have the authority to create land deeds in accordance with applicable regulations. They play crucial roles and bear significant responsibilities in property transactions, ensuring the validity and legal force of these documents. This research employs a normative legal research method, which examines legal norms. The author aligns with Peter Mahmud Marzuki's view that legal research, or Dutch *rechtsonderzoek*, is inherently normative. Legal research involves searching for and uncovering hidden truths. Based on the discussion, and referring to the source of authority for Notaries through Article 15 paragraph (2) of UUJN, a Notary's authority in creating land deeds should be considered attribution or genuine authority. However, in practice, Notaries cannot make land deeds in the same manner as PPAT because PPAT is a partner of BPN (National Land Agency), posing the biggest limitation for Notaries in creating land deeds. For a Notary to create a land deed, they must hold the same position as a PPAT and obtain permission as a PPAT. Among the eight types of land deeds mentioned in Article 2 paragraph (2) of Government Regulation Number 37 of 1998 concerning PPAT Position Regulations, deeds that can be made by a Notary include, among others, the Deed of Sale and Purchase Agreement and the Deed of Power of Attorney to Sell, with the object being land, and the Power of Attorney to Encumber Mortgage Rights (SKMHT). These deeds may be made by a Notary, but their creation must adhere to the laws and regulations governing each position.

Proof of Coercion and Fraud in the Making of Notarial Deeds Case Study of South Jakarta District Court Decision Number 321/Pdt.G/2016/PN. Jkt. Cell

An agreement is one of the sources of engagement regulated in Chapter II of Book 3 of the Civil Code which can be stated in the form of a Notarial Deed. Authentic deeds clearly stipulate rights and obligations, providing legal certainty. In dispute resolution, authentic deeds function as the strongest written evidence. However, even with perfect evidentiary power, a Notarial Deed cannot be separated from efforts to cancel the contract. Some of the reasons for cancellation are due to defects in the agreement due to elements of coercion and/or elements of deception as stated by the Plaintiff in South Jakarta District Court Decision Number 321/Pdt.G/2016/PN. Jkt. Cell. Based on the research results, the Plaintiff is obliged to provide clear evidence. When compared with the Plaintiff's evidence, the evidence presented by the Plaintiff is not sufficient to prove the argument of coercion or fraud because the Plaintiff's Witnesses did not know that the Plaintiff and the Defendants had entered into a Sale and Purchase Agreement. In the process or attempt to cancel a notarial deed, the evidence must be clear and in such a way that the party who has the notarial deed does not need other evidence to state the truth of the notarial deed. With this formulation, the judge no longer needs to test its truth or in other words, an authentic deed has perfect evidentiary power both physically and materially.

ANALISIS YURIDIS WANPRESTASI DALAM KASUS JUAL BELI MATERIAL BESI DAN SENG

The sale and purchase agreement that ended in a lawsuit for breach of contract occurred because one of the parties did not fulfill its obligations. The problem in this paper is the implementation of agreement between PT AS and PT HM reviewed from the applicable provisions and the method of resolving the breach of contract in court. For the finding results and conclusion in this case, PN Tangerang won PT HM, while PT Banten won PT AS. The Supreme Court confirmed the decision of PT Banten. Obtained is that the agreement is valid and binding even though it was not made in writing. In its implementation, PT AS has fulfilled its duty, while PT HM has not fulfilled its duty or is in breach of contract. The type of breach of contract committed by PT HM is carrying out what was promised, but not completed. The action of PT HM in refusing to comply with court decision and submitting a PK using falsified evidence shows that PT HM has violated the principle of good faith and can be charged with a civil lawsuit (PMH) and a criminal lawsuit (fraud / embezzlement / default and falsification of documents).

Perlindungan Hukum Pembeli Perumahan Subsidi

The study investigates policies and law related to the protection of law for the purchase of subsidized housing. The study focuses on the subsidized housing biding agreement and the legal protection applied to the home buyer facing the developer. Research results show that legal protection for subsidized housing buyers still has weaknesses. Therefore, this study recommends several measures to improve legal protection, such as raising consumer awareness of their right and increasing transparency in biding sales agreements. Overall, this research is expected to help create better policies and law to protect consumer right in the sale of subsidized houses.

PERDEBATAN PELAKSANAAN PUTUSAN PENENTUAN HASIL AKHIR SENGKETA TANAH DI KALIMANTAN YANG DI JADIKAN SEBAGAI IBU KOTA NEGARA INDONESIA GEOPOLITIK DI INDONESIA

A dispute is a difference of interest between individuals or institutions on the same object that is manifested in the relationships between them. On August 26, 2019, President Joko Widodo announced the transfer of the country's capital (IKN) to East Kalimantan Province. To begin with, the National Development Planning Agency (Bappenas) has investigated various aspects related to the stage of ICT transfer. These include the economic impact, regional readiness, and the potential development of industrial areas. In the preventive protection of the law, the government should take into account the fate of the local citizens when making plans for the development of the ICT area, both in making decisions and decisions related to the construction of the Nusantara ICT. Following the decision to transfer the capital of Nusantara to the East Kalimantan Province, the transfer of land rights has increased, according to data from the Regional Office of the National Agriculture Authority of the East Calimantan province. By 2020, the rights to land were transferred through a sale agreement at 175 locations in the territory of the capital of Nusantara. By 2021, the number of transactions has increased significantly to 294. Based on these backgrounds, researchers are interested in conducting research entitled “Debate on the Implementation of the Final Decision of the Land Dispute in Kalimantan which is to be made the capital of Indonesia”, through two issues to be discussed, namely, First, the setting up of land freezing as part of the ICT program in East Kalimanthan and Second, on the social impact of the land-freezing program on citizens in particular in East Calimantan. The research method in this research uses normative law research.

The Secondary Market of Goods: Features of Remote Concluding and Executing of a Non-Retail Purchase and Sale Agreement

The features and problems of concluding a non‑retail purchase and sale agreement by remote means on the Avito online trading platform are very relevant, since after online retail trade, online trade in used goods began to gain momentum. Every second, more than 8 transactions are made through the Avito website, sellers add more than 900 thousand new ads daily, and the annual customer flow is more than 80 million people. This indicates the need to study the legal issues related to the implementation of transactions on the Avito online trading platform. The paper analyzes Avito’s own rules of the marketplace, through which it was established who are the parties to this agreement, who makes an offer and acceptance when concluding a non‑retail purchase and sale agreement with the condition of the transfer of goods through Avito delivery, who are the parties to this agreement. The author examines the form and content of a non‑retail purchase and sale agreement with a condition for the transfer of goods through Avito‑delivery. The author also focuses on the problem that the Avito website does not provide a technical opportunity for the implementation of the rights to claim provided for in paragraph 1 of Article 475 and paragraph 1 of Article 480 of the Civil Code of the Russian Federation within the framework of a non‑retail purchase and sale agreement with a condition for the transfer of goods through Avito delivery. The paper proposes the ways of solving the indicated problem. The conclusions drawn in the paper are relevant not only for the Avito online trading platform, but also for other marketplaces in the secondary market of goods.

Legal Review of Binding Sale and Purchase Agreements (PPJB) in Transactions of Transfer of Land and/or Building Rights

Legal Review of Binding Sale and Purchase Agreements (PPJB) in Transactions of Transfer of Land and/or Building Rights

Rekonstruksi Kebijakan Jual Beli Tanah Bersertifikat dalam Bentuk Non-Fungible Token Melalui Aplikasi Marketplace

The purpose of writing this article isto analyze the validity and legal protection of buying and selling certified land in the form of non-fungible tokens through a marketplace application. This study uses a normative juridical method with a statutory and regulatory approach and a contextual approach. Buying and selling certified land in the form of non-fungible tokens through a marketplace application is a policy reconstruction that can be realized. The sale and purchase of certified land in the form of non-fungible tokens through the marketplace application has fulfilled the legal requirements for a sale and purchase agreement as regulated in Article 1320 of the Civil Code and Article 46 paragraph (2) of Government Regulation Number 71 of 2019, namely the existence of agreement, skill , objects and causes that do not conflict with morality, consent and laws and regulations. The legal protection that can be provided to the parties is preventive legal protection in the form of an electronic land certificate represented in the form of a non-fungible toke

Legal Consequences of Events of Default in Sales and Purchase Agreements

This research discusses the legal consequences of default in a sale and purchase agreement. Using a normative approach, this research analyzes the legal regulations governing the issue of default in sales and purchase agreements. The research results concluded that default resulted in a violation of agreed obligations, which could result in a lawsuit for breach of contract or an unlawful act. Dispute resolution can be done through negotiation, mediation or arbitration. Negotiation, both of interests and rights, is an important process in forming contracts, with the aim of reaching an agreement that is profitable for all parties. In conclusion, success in business and dispute resolution often depends on the ability to negotiate well and adhere to promises that have been made.

Validity of A Sale and Purchase Agreement Via The Internet Reviewed From A Civil Law Perspective

This examination means to decide the legitimacy of deals and buy arrangements through the Web from a common regulation point of view. The sort of exploration utilized is standardizing juridical. The nature of this research is descriptive and qualitative. Document study methods derived from relevant literature studies on the issues discussed were used in the process of data collection. The exploration results show that the legitimacy of a deal and buy understanding through the web should have a similar legitimacy as a regular understanding as long as it very well may be demonstrated and meets the arrangements in Article 1320 of the Common Code. The reason for legitimacy happens if the two of them commonly concur and there is an expression of understanding between the purchaser and merchant in conveying in regards to the proposal of merchandise and the determination of the ideal products and both have concurred that there is an arrangement.