Journal of Law, Poliitic and Humanities
Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities

Reviewing Article 1320 of the Civil Code in the APJB Case

Winarsih (Unknown)
Benny Djaja (Unknown)



Article Info

Publish Date
05 Nov 2024

Abstract

Civil law regulates and determines so that in the association of society, people can know and respect the rights and obligations of each other, so that the interests of each person can be guaranteed and maintained as well as possible. (Christina Bagenda, 2023) This research aims to analyze whether the Deed of Sale and Purchase Agreement hereinafter referred to as APJB (Elfa Mirnawati Damayantia, 2023) made by and before Khairu Subhan, S.H. as Notary (Defendant II) in Decision Number 95/PDT/2021/PT SMR has fulfilled the valid requirements of an agreement according to Article 1320 of the Civil Code. The research method used is normative with an analytical descriptive approach. The results showed that although the APJB (Elfa Mirnawati Damayantia, 2023) initially fulfilled the valid terms of the agreement, there was a default by Yusi Ananda as Defendant I in its implementation which resulted in the valid terms of the agreement no longer being fulfilled and had no legal force because Diponogoro K. Fernandez as the Plaintiff requested a request for annulment to the Court. Civil Law regulates and determines that in social interactions, people can know and respect each other's rights and obligations, so that the interests of each person can be guaranteed and maintained as well as possible. (Christina Bagenda, 2023) This study aims to analyze whether the Deed of Sale and Purchase Agreement, hereinafter referred to as APJB (Elfa Mirnawati Damayantia, 2023) made by and before Khairu Subhan, S.H. as Notary (Defendant II) in Decision Number 95/PDT/2021/PT SMR has met the requirements for a valid agreement according to Article 1320 of the Civil Code. The research method used is normative with a descriptive analytical approach. The results of the study show that although the APJB (Elfa Mirnawati Damayantia, 2023) initially met the requirements for a valid agreement, there was a breach of contract by Yusi Ananda as Defendant I in its implementation which resulted in the requirements for a valid agreement no longer being met and having no legal force because a request for cancellation was requested from the Court by Diponogoro K. Fernandez as the Plaintiff.

Copyrights © 2024






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...