International Journal of Business, Law and Political Science
Vol. 3 No. 7 (2026): International Journal of Business, Law and Political Science

JURIDICAL REVIEW OF DEFAULT IN LAND SALE AND PURCHASE AGREEMENT BASED ON THE CIVIL CODE

I Putu Adi Palguna Giri (Mahendradatta University, Indonesia)
I Made Mulyawan Subawa (Mahendradatta University, Indonesia)
I Gusti Agung Ika Laksmi Mahadewi (Mahendradatta University, Indonesia)



Article Info

Publish Date
24 Jul 2026

Abstract

Objective: Therefore, a juridical analysis is necessary to examine the legal regulation of breach of contract and the legal remedies available when a breach occurs in a land sale and purchase agreement. Method: This study uses normative legal research with a statutory approach by examining the Indonesian Civil Code, relevant legislation, court decisions, legal literature, scientific journals, and other legal materials related to agreements and breaches of contract. Results: The results of this study indicate that the legal regulation of breach of contract in land sale and purchase agreements is governed by the Indonesian Civil Code, particularly Article 1238 concerning debtor's default, Article 1243 concerning compensation for losses arising from breach of contract, Article 1320 concerning the legal requirements for a valid agreement, Article 1338 concerning the principle of freedom of contract, and Article 1457 concerning the definition of sale and purchase. In the event of a breach of contract, the aggrieved party may pursue legal remedies through non-litigation mechanisms, such as negotiation, mediation, or deliberation to reach a mutual agreement. Novelty: This study provides a juridical analysis that integrates the regulation of breach of contract with the legal remedies available to aggrieved parties in land sale and purchase agreements under the Indonesian Civil Code.

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Journal Info

Abbrev

IJBLPS

Publisher

Subject

Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

International Journal of Business, Law and Political Science - ISSN (Online) 3032-1298 is a peer-reviewed (refereed), open-access journal in the domain of finance and management sciences. IJBLPS seeks to advance multidisciplinary researchers by publishing the highest quality theoretical and ...