AKIBAT HUKUM TERHADAP AKTA JUAL BELI TANAH YANG DITANDATANGANI SECARA MELANGGAR HUKUM BERDASARKAN HUKUM PERDATA DI INDONESIA

Ibrahim, Ramdhan Imran (2025) AKIBAT HUKUM TERHADAP AKTA JUAL BELI TANAH YANG DITANDATANGANI SECARA MELANGGAR HUKUM BERDASARKAN HUKUM PERDATA DI INDONESIA. Undergraduate thesis, UPN VETERAN JAWA TIMUR.

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Abstract

A land sale and purchase deed is a written evidence that has legal force as a basis for the transfer of land rights, as long as it meets the formal and material requirements in accordance with the provisions of the law. However, in practice, it is not uncommon for land sale and purchase deeds to be made unlawfully, such as without the consent of the legitimate owner or even using a fake signature. This study aims to analyze the legal consequences of land sale and purchase deeds made unlawfully and the legal remedies that can be taken by the injured party. This study uses a normative legal method with a statutory approach and a conceptual approach. Data were obtained through a literature study that was analyzed qualitatively. The results of the study indicate that a land sale and purchase agreement made unlawfully can be considered legally flawed, both in terms of subjective requirements (agreement of the parties) and objective requirements (legitimate reasons) as regulated in Article 1320 of the Civil Code. If subjective requirements are not met, the agreement can be canceled; while violation of objective requirements causes the agreement to be null and void. Legal resolution of this problem can be done through litigation or non-litigation. The litigation path is taken through a civil lawsuit in court, while the non-litigation path can be through mediation or conciliation facilitated by the National Land Agency (BPN) or other institutions. Keywords: Land Sale and Purchase Deed, Unlawful Acts, Dispute Resolution

Item Type: Thesis (Undergraduate)
Contributors:
ContributionContributorsNIDN/NIDKEmail
Thesis advisorSuharto, Miko Aditiya19910721 202406 1 001miko.aditiya.ih@upnjatim.ac.id
Subjects: K Law > K Law (General)
Divisions: Faculty of Law
Depositing User: ibraa Ramdhan Imran Ibrahim
Date Deposited: 23 Jul 2025 05:08
Last Modified: 23 Jul 2025 05:08
URI: https://repository.upnjatim.ac.id/id/eprint/40607

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