PEMBATALAN PERJANJIAN PENGIKATAN JUAL BELI TANAH DAN BANGUNAN SECARA DI BAWAH TANGAN YANG TERIKAT HAK TANGGUNGAN BANK

Abstract

The Sale and Purchase Binding Agreement (PPJB) with buying and selling objects made under the hand is one of the agreements that has the potential for conflict. One of them is in the following cases where the debtor makes PPJB with other parties under the hand, the PPJB object is still bound by mortgage rights, and the debtor commits it without the creditor's permission. This shows that the debtor violated the provisions contained deed of grant of mortgage and Article 11 section (2) letter g of Law Number 4 of 1996 concerning Mortgage Rights. One year after the PPJB was made, the PPJB finally had problems, so that the PPJB was canceled by the debtor underhanded. Through the empirical juridical method, this research explained that the debtor sell the object of his mortgage rights to another party through the underhand PPJB without the creditor's permission, the buyer of the object does not carry out the obligations in the PPJB properly, and the PPJB is not in accordance with applicable legal provisions. Then, the factors causing the cancellation of the PPJB are debtors in default to creditors, debtors violating Article 11 section (2) letter g Mortgage Rights Law, and land buyers in default to debtors (land sellers); PPJB does not have legal certainty; as well as the legal consequence of the cancellation of the PPJB is that the PPJB is null and void and the object in the PPJB is executed by the bank (creditor).