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All Journal Journal of International Islamic Law, Human Right and Public Policy
Radhissa Alya Daviri
Universitas Sumatera Utara
Religion Law, Crime, Criminology & Criminal Justice

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LEGAL PROTECTION FOR DEBTORS OVERTRANSFER OF LAND RIGHTS BASED ON A DEED OF SALE WITH A DEFECTIVE WILL Radhissa Alya Daviri; Hasim Purba; Suprayitno
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The research method used is normative legal research with a descriptive analytical nature. The approaches used include a statute approach and a case approach, with the primary data sources being secondary legal materials, including official documents, legal literature, and court decisions.The results of the study indicate that the transfer of land rights through AJB containing a defective will can be canceled because it violates the subjective requirements for the validity of the agreement in Article 1320 of the Civil Code.The widespread use of sale and purchase instruments as debt collateral (property ownership), where financially distressed debtors sign AJB not of their own free will, but as a loan requirement, which fundamentally contradicts the legal principles of collateral in Indonesia. This study aims to analyze the legal regulations regarding the validity of the transfer of land rights through AJB containing defects in will, the form of legal protection for debtors, and the legal considerations of the Supreme Court in Decision Number 2458 K/Pdt/2025.
Co-Authors Hasim Purba Suprayitno Suprayitno