PEMBATALAN PEBGIKATAN JUAL BELI HAK MILIK ATAS TANAH AKIBAT PEMBELI TIDAK MELUNASI PEMBAYARAN (ANALISIS PUTUSAN NOMOR 29/PDT.G/2021/PN PBR)

Rossy Maduri (Universitas Muhammadiyah Sumatera Utara)
Rahmat Ramadhani (Universitas Muhammadiyah Sumatera Utara)
Guntur Rambey (Universitas Muhammadiyah Sumatera Utara)

Didaktik : Jurnal Ilmiah PGSD STKIP Subang
Vol. 12 No. 04 (2026): Volume 12 No. 4, Desember 2026 Public

A Sale and Purchase Binding Agreement (Perjanjian Pengikatan Jual Beli/PPJB) is a preliminary agreement made by the parties before the formal sale and purchase transaction is executed. In its implementation, a PPJB may give rise to legal problems when one of the parties commits a breach of contract, particularly when the buyer fails to fulfill the payment obligations agreed upon by the parties. This study aims to analyze the legal consequences of the cancellation of a PPJB due to breach of contract, examine the legal protection available to the injured party, and analyze the legal considerations of the judge in granting the cancellation of the PPJB as set forth in Court Decision Number 29/Pdt.G/2021/PN PBR. This study employs normative legal research using a statutory approach, conceptual approach, comparative approach, and case approach. Legal materials were obtained through library research consisting of primary, secondary, and tertiary legal materials. The results of the study indicate that the cancellation of a PPJB due to breach of contract results in the termination of the legal relationship arising from the PPJB and, in principle, requires the parties to be restored to their original position while taking into account the rights of the injured party. Pursuant to Article 1267 of the Indonesian Civil Code, the injured party may demand the performance of the agreement or its cancellation accompanied by compensation for costs, losses, and interest. Legal protection for the injured party may be provided through preventive and repressive measures, including claims for damages under Articles 1243, 1244, and 1246 of the Indonesian Civil Code. In Court Decision Number 29/Pdt.G/2021/PN PBR, the judge considered the buyer’s failure to fulfill the payment obligations stipulated in the PPJB and therefore declared the buyer to have committed a breach of contract, resulting in the cancellation of the PPJB. Nevertheless, legal protection for the seller must also take into account the restoration of the original position of the parties and the fulfillment of the injured party’s rights arising from the breach of contract.