VALIDITASI PENGGUNAAN PENGIKATAN JUAL BELI TANAH DALAM HUBUNGAN UTANG PIUTANG (STUDI KASUS PUTUSAN PENGADILAN TINGGI YOGYAKARTA NOMOR 02/PDT/2014/PTY)

Fahmi Mustika Ramadhani, MIM.: 20103040147 (2024) VALIDITASI PENGGUNAAN PENGIKATAN JUAL BELI TANAH DALAM HUBUNGAN UTANG PIUTANG (STUDI KASUS PUTUSAN PENGADILAN TINGGI YOGYAKARTA NOMOR 02/PDT/2014/PTY). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In this discussion of this research, it can be seen from the blurred norms contained in the interpretation of the meaning of a sale and purchase agreement whre the power to selll is made because of a debt for the land price that hass not been paid off, not because of a debt resulting from a pure debt agreement where the land is used as collateral for the debt. One of the conditions violated in the decision is that it is not allowed for land that is receivable to be made a land deed. This is what results in the nullity of the law. And the deed is considered invalid or does not meet the requirements of a valid deed. This research was carried out normatively, which uses an approach to legislation and a case approach by using data colection techniques originating from primary, secondary and legal materials. This data analysis consist of qualitative data analysis and quantitative data analysis which uses grammatical and also systematic legal interpretation or interpretation to answer some of the unclear norms contained in the problem. The first result of this research is that the validity of the deed made by a notary, namely the sale and purchase agreement in the form of a power of attorney to sell, is not purely based on pure debst and receivables that have been made by anotary which should be in accordance with the legal construction of making a sale and purchase deed as regulated in Article 1320 of the civil law, so that the deed does not have perfect evidentiary power as a notarial deed. And secpndly, it is contained in the contents of the agreement, in which the Notary is asked to take civil and criminal responsibility if this work is proven not to comply with applicable regulations.

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