Legal Issues in Sales and Purchase Agreements Involving Land Rights Entered into Before a Notary

Abstract

The Sale and Purchase Binding Agreement (Perjanjian Pengikatan Jual Beli or PPJB) as a preliminary agreement (obligatoir) plays an important role in property transactions in Indonesia. This study examines various legal issues that arise in the making of PPJB for land rights before the notary, especially related to deviations from its original purpose as a preliminary agreement to a sale and purchase deed. Through the doctrinal law research method with a qualitative approach, this study analyzes positive provisions and notary practices in the making of PPJB. The results of the study show that there are various forms of PPJB irregularities, such as its use as a debt recognition, loan and borrowing agreement, or the execution of guarantees, which are contrary to Article 1335 jo. Article 1337 of the Civil Code regarding the conditions for the validity of the agreement. This research also reveals the responsibility of notaries in ensuring the validity of PPJB and the legal consequences of these irregularities. The findings of the research are expected to provide input for improving regulations and notary practices in making PPJB to create legal certainty in property transactions.