A Critical Review of Sale and Purchase Agreements in the Transfer of Land Rights: An Analysis of Dwaling as a Defect of Consent
Year: 2026
Type: article
Abstract: A land sale and purchase agreement is a legal act that involves not only private law relations but also land administration and legal certainty. One of the key issues arising in such transactions is dwaling or mistake, a defect of consent that occurs when a party enters into an agreement based on an erroneous understanding of the essential elements of the contractual object. This study aims to analyze the legal regulation of dwaling in land sale and purchase agreements, identify the forms of mistake that occur in practice, and examine its legal consequences and possible remedies. This research employs normative legal research using statutory, conceptual, and case approaches. The legal materials are analyzed qualitatively through legal interpretation of the Indonesian Civil Code, land law regulations, legal doctrines, and relevant court decisions. The findings indicate that the regulation of dwaling under Indonesian positive law remains general and has not been specifically harmonized with the characteristics of land transactions. Mistakes in land sale and purchase agreements commonly concern land area and boundaries, land title status, the authority of the seller, the existence of disputes, legal encumbrances, and restrictions on land use. The legal consequence of an agreement containing dwaling is that the agreement may be annulled, provided that the mistake concerns an essential element of the contract. Therefore, strengthening the precautionary principle for Land Deed Officials, improving the accuracy of land data, and ensuring balanced legal protection between transactional certainty and justice for the mistaken party are necessary.
Institution: Universitas Pasundan
Topic: Legal Studies and Policies
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7165896296
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