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I Gusti Agung Ika Laksmi Mahadewi
Mahendradatta University, Indonesia
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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JURIDICAL REVIEW OF DEFAULT IN LAND SALE AND PURCHASE AGREEMENT BASED ON THE CIVIL CODE I Putu Adi Palguna Giri; I Made Mulyawan Subawa; I Gusti Agung Ika Laksmi Mahadewi
International Journal of Business, Law and Political Science Vol. 3 No. 7 (2026): International Journal of Business, Law and Political Science
Publisher : PT. Antis International Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61796/ijblps.v3i7.507

Abstract

Objective: Therefore, a juridical analysis is necessary to examine the legal regulation of breach of contract and the legal remedies available when a breach occurs in a land sale and purchase agreement. Method: This study uses normative legal research with a statutory approach by examining the Indonesian Civil Code, relevant legislation, court decisions, legal literature, scientific journals, and other legal materials related to agreements and breaches of contract. Results: The results of this study indicate that the legal regulation of breach of contract in land sale and purchase agreements is governed by the Indonesian Civil Code, particularly Article 1238 concerning debtor's default, Article 1243 concerning compensation for losses arising from breach of contract, Article 1320 concerning the legal requirements for a valid agreement, Article 1338 concerning the principle of freedom of contract, and Article 1457 concerning the definition of sale and purchase. In the event of a breach of contract, the aggrieved party may pursue legal remedies through non-litigation mechanisms, such as negotiation, mediation, or deliberation to reach a mutual agreement. Novelty: This study provides a juridical analysis that integrates the regulation of breach of contract with the legal remedies available to aggrieved parties in land sale and purchase agreements under the Indonesian Civil Code.
JURIDICAL REVIEW OF THE STRENGTH OF THE SALE AND PURCHASE AGREEMENT ACT IN LAND RIGHTS TRANSFER TRANSACTIONS I Gusti Putu Adi Abdi Yasa; I Made Mulyawan Subawa; I Gusti Agung Ika Laksmi Mahadewi
International Journal of Business, Law and Political Science Vol. 3 No. 7 (2026): International Journal of Business, Law and Political Science
Publisher : PT. Antis International Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61796/ijblps.v3i7.509

Abstract

Objective: This study aims to analyze the legal standing and binding strength of the PPJB Deed in land rights transfer transactions, as well as to analyze the legal protection for the parties involved in a PPJB executed after tax obligations have been fulfilled. Method: This study is a normative legal research utilizing a statutory approach and a conceptual approach, supported by primary, secondary, and tertiary legal materials collected through a literature review and analyzed qualitatively. As the analytical framework, the theory of the rule of law, the theory of legal certainty, the theory of legal protection, and the theory of contract are applied to examine the issues formulated in this research. Results: The results of the study indicate that the PPJB deed is a preliminary agreement that is obligatory, valid, and binding upon the parties, and possesses evidentiary value as an authentic deed, yet it does not result in the legal transfer of land rights. Legal protection for the parties is realized through the drafting of the PPJB by a Notary, the fulfillment of BPHTB and Income Tax (PPh) obligations, and the satisfaction of administrative requirements prior to the execution of the AJB. Novelty: Issues arise due to tax regulations specifying that the PPJB serves as the basis for when the Land and Building Title Transfer Tax (BPHTB) becomes due, whereas the legal transfer of rights only occurs after the AJB is executed and registered.
Co-Authors I Gusti Putu Adi Abdi Yasa I Made Mulyawan Subawa I Putu Adi Palguna Giri