TINJAUAN YURIDIS PERJANJIAN JUAL BELI TANAH YANG DIBUAT OLEH PPAT ATAS KEKHILAFAN PENJUAL TERHADAP OBYEK TANAH YANG TERTUKAR

Abstract

There has been an oversight in the sale and purchase of land where the land certificate which is the object of the sale and purchase deed of the Land Deed Making Officer (PPAT) does not comply with the previous oral agreement between the seller and the buyer. The seller intends to sell the southern land but the certificate given to the buyer is the northern land. Efforts to resolve the issue have taken mediation but were unsuccessful resulting in a lawsuit by the seller against the buyer going to court and then being decided by the judge in Decision No. 32/Pdt.G/2020/PN SMP where the lawsuit cannot be accepted (NO) due to lack of parties. The author is interested in studying the case based on Decision No. 32/Pdt.G/2020/PN SMP. to analyze what are the legal consequences of the agreement made by the PPAT over the seller's oversight of the exchanged land object? And what legal efforts should be made in solving this problem? The research method used is normative juridical research. The results of the study: First, the legal consequences of the agreement made by the PPAT over the seller's oversight of the exchanged land object do not have legal force because the subjective element of the agreement is not fulfilled, namely the existence of a defect in the agreement. The legal remedy that can be taken by the seller (plaintiff) is to re-submit the lawsuit with improvements to the lawsuit by adding the parties involved so as not to become formally disabled. Second, file a lawsuit with the State Administrative Court (PTUN) regarding efforts to cancel the certificate that has been renamed by the buyer (defendant).