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Journal : TABELLIUS

Analysis of Legal Protection of Buyers Against Breach of Performance in The Deed of Sale of Land Pledge at The People's Credit Bank Meirizka, Feronika Ardella; Adillah, Siti Ummu
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. A deed of sale and purchase can be considered the initial step towards the execution of a land rights sale and purchase agreement. Based on Article 1457 of the Civil Code, the creation of a deed of land sale and purchase does not require full payment as long as both parties agree. However, this often leads to legal issues later, including in cases where the seller is in default. The problem that will be discussed in this thesis is how the legal protection for buyers in the event of default in the sale and purchase agreement of land pledged at PT. Bank Perkreditan Rakyat Arthanugraha Makmursejahtera. What are the legal consequences of default in the sale and purchase agreement of land pledged at PT. Bank Perkreditan Rakyat Arthanugraha Makmursejahtera. What is the basis of the legal considerations of the Panel of Judges in the case of default on the Sale and Purchase Agreement made by the Notary for the land pledged at PT. Bank Perkreditan Rakyat Arthanugraha Makmursejahtera. This research is descriptive analysis and the research material is obtained using a normative juridical approach. The data collection technique used is a literature study. The collected data is then analyzed using a qualitative method supported by deductive logical thinking. Based on the research that has been conducted, it can be concluded that, the choice of resolution in the problems and solutions to joint property disputesThis sale and purchase agreement carried out by Mr. Abdul Khoir as the Buyer/Plaintiff against Mr. Masno bin Pardi as the Seller/Defendant is valid according to the applicable laws and regulations, because it fulfills the requirements for a valid agreement according to Article 1320 of the Civil Code.. The existence of the Deed of Sale and Purchase Agreement Number: 20 dated April 28, 2023 made before a Notary is legally valid. If any party has committed a breach of contract against the authentic deed, it must first be declared void by the Court, thus causing an error and leading to the cancellation of the deed. The Panel of Judges in providing legal considerations on case Number: 49/Pdt.G/2023/PN.Pwd was not careful and wrong and did not reflect a sense of justice for the community in seeking justice, especially for the Buyer/Plaintiff who clearly the Seller/Defendant had committed a breach of contract againstDeed of Sale and Purchase Agreement Number 20 dated April 28, 2023 made before a Notary. Keywords: Default; Land Sale and Purchase Deed; Legal Protection for Buyers.
The Strength of Proof of Notary Deeds Made Electronically in E-Commerce Transactions in the Indonesian Legal System Rohmaniah, Sanivatun; Adillah, Siti Ummu
TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The development of Information and Communication Technology has brought significant positive impacts in various fields of human life today. The various conveniences offered by the development of telecommunications have made it possible for human relations to take place quickly and easily without taking into account the aspects of space and time. Legal certainty can be achieved if there are no conflicting provisions between one law and another. Obstacles experienced in making Electronic Notary Deeds in e-commerce transactions, among others, in terms of legal substance, namely the absence of specific legal certainty that further regulates the application of information and communication technology in making Notary Deeds, in terms of legal structure, namely there is no structure good law, it will be an obstacle for a Notary to carry out his authority in making deeds electronically and in terms of legal culture, namely the development of existing technology, until now it has not been adapted to the legal culture of Indonesian society. The solution in proving the Notary Deed Electronically in E-Commerce Transactions is that when viewed from a juridical perspective, the actions that can be taken are to revise UUJN and ITE.Keywords: Commercial; Electronic; Verification.
The Role of Notaries in the Implementation of Credit Agreements with Guarantee of Mortgage Rights Susanto, Mellany Ayu; Adillah, Siti Ummu
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The role of a Notary is needed to ensure that the implementation of the credit agreement runs smoothly. This study aims to analyze the role of a Notary in the implementation of a credit agreement with collateral rights at Bank BRI Unit Sendangmulyo and to identify the obstacles faced in the process. This study also seeks to find solutions to various obstacles that arise. The research approach method is sociological juridical. The research specification is descriptive analytical. The type of data uses primary and secondary data, the primary data collection method uses observation and interviews, and secondary data uses literature studies. The analysis method is qualitative descriptive analysis. The results of the study indicate that in running its business, Bank BRI Unit Sendangmulyo involves a Notary as a working partner. The Notary acts as a public official who is authorized to make authentic deeds for credit agreements, including deeds related to collateral rights. Meanwhile, obstacles from the Notary include obstacles from the Customer, obstacles from the Bank, and obstacles from the Notary. Obstacles originating from the Customer are the use of credit deviating from its original purpose. Efforts made in the form of policies in saving bad credit through rescheduling, reconditioning, restructuring. Obstacles from the Bank are negligence of bank officers, the Head of the credit section concerned is absent, and the distance between the Notary's office and the BRI Unit Sendangmulyo office is far. The effort is to urge Bank officers to be more focused. Obstacles from the Notary are the Notary's carelessness and the failure to change the name on the certificate used as the Mortgage Right and the accuracy of the promise by the debtor customer. The effort is to increase the Notary's caution and to check the documents before the credit agreement is signed to obtain certainty on behalf of the certificate and all parties must reach an agreement.