Elda Mauliani Pratiwi
Universitas Sultan Ageng Tirtayasa

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Aspek Yuridis Putusan Pengadilan Tinggi Atas Asas Kepatutan sebagai Dasar Pembatalan Perjanjian Jual Beli Tanah dalam Sengketa Wanprestasi: Studi Putusan Pengadilan Tinggi Banten Nomor 63/PDT/2021/PT BTN Elda Mauliani Pratiwi
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 5 No. 3 (2026): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v5i3.6703

Abstract

This study aims to analyze the implementation of a land sale and purchase agreement in a default dispute and to analyze the application of the principle of propriety by the panel of judges as the basis for canceling the agreement in the Banten High Court Decision Number 63/PDT/2021/PT BTN. The problem in this study focuses on the implementation of the land sale and purchase agreement in the Serang District Court Decision Number 118/Pdt.G/2020/PN Srg and the legal considerations of the Banten High Court judges in applying the principle of propriety as the basis for canceling the land sale and purchase agreement in a default dispute. The research method used is empirical juridical research with a statutory approach and the results of the judge's decision. The data sources used consist of primary legal materials, secondary legal materials, and interview data. Data collection techniques were carried out through literature studies and interviews, while data analysis was carried out descriptively and analytically using descriptive methods. The results of the study indicate that the implementation of the land sale and purchase agreement between the Plaintiff and the Defendants initially fulfilled the elements of an agreement as regulated in Article 1320 of the Civil Code. However, during the implementation, a dispute arose due to the Defendant's refusal to pay in full and their desire to repurchase the agreed-upon land. The Serang District Court declared the Defendants in breach of contract, while the Banten High Court overturned the decision, finding that the terms and implementation of the agreement violated the principle of propriety as stipulated in Article 1339 of the Civil Code. The judge's application of the principle of propriety demonstrates that contract law emphasizes not only legal certainty but also fairness and a balance between the parties' rights and obligations.