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Jenis : KKM
Judul : TINJAUAN YURIDIS TERHADAP WANPRESTASI DALAM PERJANJIAN JUAL BELI DI BAWAH TANGAN PADA KASUS PERALIHAN HAK ATAS TANAH (Studi Putusan Nomor 331/PDT.G/2022/PN.Btm)
Subjek : Contracts
Pengarang : SABHISMA AZISWAGAN ARRIDHULLAH
Pembimbing : Nur Wakhid, Anggitariani Rayi Larasati S
Prodi : ILMU HUKUM
Tahun : 2024
Call Number : 346.022 ARR t
Perpustakaan : Fakultas Hukum
Letak : 1 eksemplar di Koleksi Referensi
Abstrak :
This research was conducted on Court Decision Number
331/Pdt.G/2022/PN.Btm regarding a dispute over a land and building sale and
purchase agreement on credit which was carried out private agreement between M
and WG. The purpose of this study is to determine the validity of private agreement
of the transfer of land rights and the judge's consideration in deciding the plaintiff
as the legal owner of land rights in Court Decision Number
331/Pdt.G/2022/PN.Btm.
The approach method used in this research is a normative juridical
approach. Descriptive research specifications. Data sourced from secondary data.
The data collection method is done by literature study, using qualitative normative
analysis method.
Based on the results of research and discussion, the Panel of Judges in its
decision in case No. 331/Pdt.G/2022/PN.Btm stated that the sale and purchase
agreement of land and building between M and WG which was carried out by way
of passing credit was valid and the Panel of Judges decided that M was the legal
owner of the rights to the land and building because M was a good faith buyer. The
Panel of Judges did not consider and decide in relation to the request to order BTN
Batam Bank to hand over the certificate of Right Of Use Of Structures No. 11557
to M, the decision stating that M is the legal owner of the land and building should
have been followed by an order to BTN Batam Bank to hand over the certificate of
Right Of Use Of Structures No. 11557 to M.
Keywords: Land Rights, Transfer of Land Rights, Default, Private Agreement, Good
Faith, Over Credit
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