ANALISIS YURIDIS PERBUATAN MELAWAN HUKUM TERHADAP PENJUAL YANG TIDAK MENYERAHKAN OBJEK JUAL BELI TANAH

Abstract

The sale and purchase of land occurs when there is an agreement between the buyer and the seller that creates a legal relationship to carry out rights and obligations if one party does not perform its obligations as agreed, then it is responsible for default, and if it violates the applicable regulations, it is responsible for basis for unlawful acts. The main issues are (1) how is the legal protection for the buyer for the object of sale and purchase that is not submitted by the seller (2) what are the legal consequences for the seller who does not submit the object of sale and purchase of land in the case of Court Decision Number 765/Pdt.g/2021/PN .tng. This research is a normative juridical which is descriptive in nature, analyzed from primary and secondary data sources and analyzed qualitatively. The legal principle refers to the provisions of Article 1320, 1338 paragraph (1), 1457, 1365 Juncto, land registration which applies to Government Regulation Number 24 of 1997 concerning land registration. The results of this study are a form of legal protection for the buyer and the juridical consequences for the seller on the object of buying and selling land that is not handed over to the buyer. The conclusion is that the buyer can file a lawsuit in the interest of legal protection which results in losses for the buyer and the seller is required to surrender the object of sale and purchase of land and buildings and the seller (defendant) is proven to have committed an unlawful act while still controlling the object of sale and purchase so that the defendant is obliged to surrender the land. and buildings that are the object of sale and purchase. Suggestions in buying and selling land, the buyer must be more careful and thorough to ensure that the object of the sale and purchase is not in dispute and is still in the power of others, and the seller must submit to the buyer the object of sale and purchase so as not to cause harm to the buyer.