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Kekuatan Mengikat Perjanjian Pengikatan Jual Beli Tanah yang Belum Ditindaklanjuti dengan Akta Jual Beli: Analisis Kepastian Hukum dan Perlindungan Para Pihak

Year: 2026
Type: article
Abstract: The Sale and Purchase Binding Agreement (PPJB) is commonly used in land transactions when the requirements for transferring rights through a Deed of Sale and Purchase (AJB) before a Land Deed Official (PPAT) have not yet been met. Legal problems arise when the PPJB is not followed up with an AJB, leaving the legal standing of the parties uncertain. This study aims to analyze the binding force of a land PPJB that has not been followed up with an AJB from the perspectives of civil law and land law, and to analyze the forms of legal certainty and legal protection available to the parties in the event of default. This is normative juridical research using statutory, conceptual, and case approaches, analyzed qualitatively. The findings show that a PPJB that satisfies the requirements for a valid agreement binds the parties as law, but only in an obligatory sense, and does not transfer land rights because the transfer takes place only through a registered AJB. The legal certainty offered by a PPJB is therefore limited to the contractual domain. The parties are protected through preventive measures, namely careful drafting of clauses, verification of the status of the object, and registration of the PPJB, and through repressive measures in the form of a default lawsuit that may result in performance of the agreement, cancellation, refund of payments, and compensation.
DOI: 10.62710/bjwvtw24
Language: English
Subfield: Law
Open Access status: hybrid
OpenAlex ID: W7225809634
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