TINJAUAN HUKUM TERHADAP PERMOHONAN PEMBATALAN AKTA JUAL
BELI YANG DIBUAT OLEH NOTARIS / PPAT
(STUDI KASUS PT. WAHANA WIJAYA LESTARI REALITY DENGAN YO SWIE TJIN)
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Institusion
Universitas Islam Sultan Agung
Author
Leliana, Fifian
Subject
K Law (General)
Datestamp
2018-01-25 04:08:31
Abstract :
Deed of sale is an authentic deed, an authentic deed is a deed made in the form prescribed by law or in the presence of the authorized Public Official for it in place of the deed was made. Authentic deeds have an important role in every legal relationship in the life of the community that can clearly define the rights and obligations of the parties. The problems studied in this research are as follows: (1) How is the provision of the Deed of Sale and Purchase based on the prevailing rules, (2) How the judge consider the application of cancellation of sale deed between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin, (3) What is the legal effect of the cancellation of the purchase deed between PT.Wahana Wijaya Lestari Reality with Yo Swie Tjin. This research uses juridical empirical approach, which is juridical approach is approach in terms of legislation and legal norms that become reference in solving legal problem to request cancellation of sale and purchase certificate between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin made by Notary / PPAT, and empirical approach is emphasizing research aimed at acquiring empirical knowledge by jumping directly into the object. The results showed that the request for cancellation of deed of sale and purchase between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin is due to legal defect and non-fulfillment of the requirements made by the seller so it is illegitimate to buy and sell on the deed of sale and purchase of the land. In filing the lawsuit, the plaintiff got the result with a decision issued by the Bandung District Court in the form of cancellation of the deed of sale and purchase of the land. It can be concluded that 1) cancellation of sale deed due to defect of law, this happened because in the process of making the deed of sale and purchase of land is not based on the provision of the Deed of Sale and Purchase based on the prevailing rules. 2) judge's consideration for the cancellation of the deed of sale and sale because of the fraud committed by the defendant (the seller) not fulfill the article 1320 Civil Code and 1321 Civil Code. 3) The legal consequences of the cancellation of the deed are the canceled sale and purchase certificate number 250/2012 dated June 16, 2012 and the deed of sale and purchase number 251/2012 dated June 16, 2012 so that the deed owned by the buyer (Yo Swie Tjin) has no legal force and Thus causing harm to the buyer. Keywords: Cancellation, Deed of Sale and Purchase, Parties
Deed of sale is an authentic deed, an authentic deed is a deed made in the form prescribed by law or in the presence of the authorized Public Official for it in place of the deed was made. Authentic deeds have an important role in every legal relationship in the life of the community that can clearly define the rights and obligations of the parties. The problems studied in this research are as follows: (1) How is the provision of the Deed of Sale and Purchase based on the prevailing rules, (2) How the judge consider the application of cancellation of sale deed between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin, (3) What is the legal effect of the cancellation of the purchase deed between PT.Wahana Wijaya Lestari Reality with Yo Swie Tjin. This research uses juridical empirical approach, which is juridical approach is approach in terms of legislation and legal norms that become reference in solving legal problem to request cancellation of sale and purchase certificate between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin made by Notary / PPAT, and empirical approach is emphasizing research aimed at acquiring empirical knowledge by jumping directly into the object. The results showed that the request for cancellation of deed of sale and purchase between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin is due to legal defect and non-fulfillment of the requirements made by the seller so it is illegitimate to buy and sell on the deed of sale and purchase of the land. In filing the lawsuit, the plaintiff got the result with a decision issued by the Bandung District Court in the form of cancellation of the deed of sale and purchase of the land. It can be concluded that 1) cancellation of sale deed due to defect of law, this happened because in the process of making the deed of sale and purchase of land is not based on the provision of the Deed of Sale and Purchase based on the prevailing rules. 2) judge's consideration for the cancellation of the deed of sale and sale because of the fraud committed by the defendant (the seller) not fulfill the article 1320 Civil Code and 1321 Civil Code. 3) The legal consequences of the cancellation of the deed are the canceled sale and purchase certificate number 250/2012 dated June 16, 2012 and the deed of sale and purchase number 251/2012 dated June 16, 2012 so that the deed owned by the buyer (Yo Swie Tjin) has no legal force and Thus causing harm to the buyer. Keywords: Cancellation, Deed of Sale and Purchase, Parties
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