PEMBATALAN PERIKATAN JUAL BELI TANAH KAVLING AKIBAT WANPRESTASI

Larasati, Shinta Anggun (2022) PEMBATALAN PERIKATAN JUAL BELI TANAH KAVLING AKIBAT WANPRESTASI. Skripsi thesis, UNIVERSITAS BHAYANGKARA SURABAYA.

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Abstract

The purpose of this study was to determine the reasons for the cancellation of the sale and purchase of land plots and the consequences of the cancellation of the engagement due to default. This research uses a statutory approach, a conceptual approach, and a document study apoarch. Thw document study approach is carried out by collecting data indirectly aimed at the research subject in order to obtain information related to the object of research intended to obtain data or information related to the problem under study. Legal materials include primary and secondary legal materials. The collection technique uses document studies and analysis of legal materials by means of deductive thinking. Based on the results of the study, it can be concluded that there are several reasons for the cancellation of the sale and purchase agreement of land plots, one of which is due to default. It is said to have been in default because it did not show good faith to refund the purchase of the land plot. The legal consequences of cancelling a sale and purchase agreement made before a notary are compensation, cancellation of the agreement, and cancellation accompanied by compensation. There are lawsuits for compensation for all costs including interest from parties who feel aggrieved by the cancellation of the land sale and purchase agreement, namely reimbursement of costs (kosten), compensation (schaden) and interest (interesten) due to non-fulfillment of an engagement. Lawsuits can be field in court (litigation) after previously being preceded by a warning (somatie) which was submitted by the party who felt aggrieved. The judge's decision that the defendant was in default due to the lack of good faith to return the land purchase money to the plaintiff.

Item Type: Thesis (Skripsi)
Uncontrolled Keywords: Sale and Purchase Agreement, Cancellation, Default
Divisions: Faculty of Law > Bachelor of Law
Depositing User: Perpus Ubhara Surabaya
Date Deposited: 18 Jan 2023 05:21
Last Modified: 18 Jan 2023 05:21
URI: http://eprints.ubhara.ac.id/id/eprint/1658

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