Sarah Rabbani Salim
Universitas Tama Jagakarsa

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Wanprestasi Pengosongan Tanah dalam Perjanjian Pengikatan Jual Beli (PPJB) Lunas Nomor 53 Tertanggal 20 Juni 2022 : Analisis Putusan Nomor 30/Pdt.G/2024/PN Jkt.Brt Sarah Rabbani Salim; Sufiarina Sufiarina; Mohammad Wira Utama
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 6 No. 3 (2026): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v6i3.2337

Abstract

This study aims to analyze the legal consequences of the seller’s breach of contract (wanprestasi) under the Fully Paid Sale and Purchase Agreement (Perjanjian Pengikatan Jual Beli/PPJB) No. 53 dated June 20, 2022, as well as the judges’ considerations in Decision No. 30/Pdt.G/2024/PN Jkt.Brt, in which the court did not grant all of the plaintiff’s claims. The issues examined in this study are the legal consequences of the seller’s breach of contract for the buyer and the legal basis for the judges’ considerations in deciding the case. This study employs normative legal research using a statutory approach and a case approach. The legal materials consist of primary legal materials, including the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata), court decisions, and secondary legal materials, including legal books and journals. The analysis was conducted qualitatively. The results of the study indicate that the seller committed a breach of contract by failing to deliver the land and building as vacant and unoccupied, as stipulated in the agreement, despite the buyer having fully paid the purchase price. As a legal consequence, the buyer is entitled to demand specific performance of the agreement, compensation, and reimbursement of court costs. However, the Panel of Judges granted only part of the plaintiff’s claims because the request for the forced eviction of the disputed property was considered to relate to the enforcement stage of the judgment rather than falling directly within the scope of a breach of contract claim.