Akibat Hukum Atas Perjanjian Jual Beli Hak Atas Tanah Yang Mengandung Cacat Hukum

Abstract

Land for humans has a very important meaning for life itself and together with the community.
The importance of land can be seen from the function of the land, namely as a place to stand, for houses,
a place to make a living, as a place to worship the Creator and also a place to bury those who have
died. By paying attention to the function of such a large land, the longer it feels as if the land becomes
narrow, while the demand always increases, it is not surprising that the value of the land becomes high.
From the importance of the land, it is very necessary to do a study of what is meant by the sale and
purchase agreement of land rights that contain legal defects? What efforts can be taken in resolving
the sale and purchase of land rights that contain legal defects? This type of research uses legal research
in normative legal aspects that reviews current legislation in Indonesia in relation to the legal
consequences of land purchase and sale agreements that contain legal defects. For the answer all these
problems, article 1425 of the Civil Code regulates the occurrence of buying and selling and the article
states that the sale and purchase is deemed to have occurred between the two parties, immediately
afterwards these people agreed on the material even though the price of the material had not been
delivered or the price not yet paid. With the sale and purchase of the land, it does not mean that the ownership rights in this case the ownership rights to the land have changed. Because the transfer of
ownership rights to land needs to be followed by legal actions in the form of Yuridische levering so that
it does not cause legal defects. The legal effect of the land purchase agreement that contains legal
defects is that the seller returns the money from the sale of land to the buyer and the buyer returns the
certificate of land rights to the seller so that it can be canceled due to the seller's fault. Efforts that can
be taken in resolving the sale and purchase agreement on land containing legal defects can be resolved
either by deliberation, peace or family and if this fails, the solution is through mediation, if it is not
finished, the legal remedies are the last resort.