PPJB 土地和建筑物买卖合同违约的法律效力

Mohammad Bagas Agy Pangestu, Ari Wahyudi Hertanto
{"title":"PPJB 土地和建筑物买卖合同违约的法律效力","authors":"Mohammad Bagas Agy Pangestu, Ari Wahyudi Hertanto","doi":"10.58258/jisip.v8i1.6214","DOIUrl":null,"url":null,"abstract":"Along with the increase in property prices in Indonesia every year, many people choose to buy houses with installment payments. Therefore, the sale and purchase process is carried out by making an agreement, namely the Sale and Purchase Binding Agreement (PPJB) before the signing of the Sale and Purchase Deed (AJB). However, over time there is a problem where one party does not implement the contents of the agreement or is called default. This research was conducted with the aim of knowing how the legal consequences caused by defaults in land and building sale and purchase agreements and how to resolve disputes due to defaults in land sale and purchase agreements. Using normative juridical research methods, it can be concluded: 1. Legal consequences arising from default in a sale and purchase agreement, especially if one party does not implement the contents of the mutually agreed sale and purchase agreement, then the party has violated the agreement so that it is called committing a default act. 2. Settlement of disputes due to default in the sale and purchase agreement, can be done through deliberation from the parties for the settlement of the obligations of the parties in dispute to then be fulfilled / realized / paid by the parties who are considered in default. In addition, a party who feels aggrieved by the other party in the sale and purchase agreement, has the right to sue the other party who does not carry out the contents of the agreement through the intercession of a court judge or through existing legal channels.","PeriodicalId":364743,"journal":{"name":"JISIP (Jurnal Ilmu Sosial dan Pendidikan)","volume":"18 2","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Legal Effects of Default on Land and Building Sale and Purchase Agreement in PPJB\",\"authors\":\"Mohammad Bagas Agy Pangestu, Ari Wahyudi Hertanto\",\"doi\":\"10.58258/jisip.v8i1.6214\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Along with the increase in property prices in Indonesia every year, many people choose to buy houses with installment payments. Therefore, the sale and purchase process is carried out by making an agreement, namely the Sale and Purchase Binding Agreement (PPJB) before the signing of the Sale and Purchase Deed (AJB). However, over time there is a problem where one party does not implement the contents of the agreement or is called default. This research was conducted with the aim of knowing how the legal consequences caused by defaults in land and building sale and purchase agreements and how to resolve disputes due to defaults in land sale and purchase agreements. Using normative juridical research methods, it can be concluded: 1. Legal consequences arising from default in a sale and purchase agreement, especially if one party does not implement the contents of the mutually agreed sale and purchase agreement, then the party has violated the agreement so that it is called committing a default act. 2. Settlement of disputes due to default in the sale and purchase agreement, can be done through deliberation from the parties for the settlement of the obligations of the parties in dispute to then be fulfilled / realized / paid by the parties who are considered in default. In addition, a party who feels aggrieved by the other party in the sale and purchase agreement, has the right to sue the other party who does not carry out the contents of the agreement through the intercession of a court judge or through existing legal channels.\",\"PeriodicalId\":364743,\"journal\":{\"name\":\"JISIP (Jurnal Ilmu Sosial dan Pendidikan)\",\"volume\":\"18 2\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2024-01-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"JISIP (Jurnal Ilmu Sosial dan Pendidikan)\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.58258/jisip.v8i1.6214\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"JISIP (Jurnal Ilmu Sosial dan Pendidikan)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.58258/jisip.v8i1.6214","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

随着印尼房地产价格的逐年上涨,许多人选择分期付款购房。因此,在签署买卖契约(AJB)之前,要通过签订协议(即买卖约束协议(PPJB))来执行买卖流程。然而,随着时间的推移,会出现一方不履行协议内容或被称为违约的问题。本研究旨在了解土地和建筑物买卖合同违约所造成的法律后果,以及如何解决因土地买卖合同违约而产生的纠纷。利用规范法学研究方法,可以得出以下结论:1.买卖合同违约产生的法律后果,尤其是一方当事人不履行双方约定的买卖合同内容的,则该方当事人违反了约定,称为违约行为。2.2. 因买卖合同违约而引起的纠纷的解决,可通过双方协商解决,纠纷各方的义务由违约方履行/实现/支付。此外,一方因另一方在买卖合同中的违约行为而感到不满时,有权通过法院法官的干预或现有法律渠道起诉不履行协议内容的另一方。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Effects of Default on Land and Building Sale and Purchase Agreement in PPJB
Along with the increase in property prices in Indonesia every year, many people choose to buy houses with installment payments. Therefore, the sale and purchase process is carried out by making an agreement, namely the Sale and Purchase Binding Agreement (PPJB) before the signing of the Sale and Purchase Deed (AJB). However, over time there is a problem where one party does not implement the contents of the agreement or is called default. This research was conducted with the aim of knowing how the legal consequences caused by defaults in land and building sale and purchase agreements and how to resolve disputes due to defaults in land sale and purchase agreements. Using normative juridical research methods, it can be concluded: 1. Legal consequences arising from default in a sale and purchase agreement, especially if one party does not implement the contents of the mutually agreed sale and purchase agreement, then the party has violated the agreement so that it is called committing a default act. 2. Settlement of disputes due to default in the sale and purchase agreement, can be done through deliberation from the parties for the settlement of the obligations of the parties in dispute to then be fulfilled / realized / paid by the parties who are considered in default. In addition, a party who feels aggrieved by the other party in the sale and purchase agreement, has the right to sue the other party who does not carry out the contents of the agreement through the intercession of a court judge or through existing legal channels.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信