Research Article
The Existence of Conditional Sale and Purchase Agreement as The Basis for Transfer of Rights to Land And/or Buildings to Other Party (Analysis Case Of Decisions No.3202/K/Pdt/2016)
@INPROCEEDINGS{10.4108/eai.14-4-2021.2312522, author={Christine Halim and O.K. Isnainul and Kartina Pakpahan and Elvira Pakpahan and Tommy Leonard}, title={The Existence of Conditional Sale and Purchase Agreement as The Basis for Transfer of Rights to Land And/or Buildings to Other Party (Analysis Case Of Decisions No.3202/K/Pdt/2016)}, proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLHR}, year={2021}, month={10}, keywords={conditional sale and purchase agreement transfer of conditional sale and purchase agreement default contempt of court act}, doi={10.4108/eai.14-4-2021.2312522} }- Christine Halim
O.K. Isnainul
Kartina Pakpahan
Elvira Pakpahan
Tommy Leonard
Year: 2021
The Existence of Conditional Sale and Purchase Agreement as The Basis for Transfer of Rights to Land And/or Buildings to Other Party (Analysis Case Of Decisions No.3202/K/Pdt/2016)
ICLHR
EAI
DOI: 10.4108/eai.14-4-2021.2312522
Abstract
As a preliminary agreement, conditional sale and purchase agreement does not always go according to what the parties have agreed upon. In the process, there are certain conditions that can result in the termination of an agreement, not continued to signing the deed of sale and purchase. As in the case of decisions No.3202/K/Pdt/2016 regarding the buyer who sues the housing developer who according to him has committed contempt of court act by resells the house he had bought to another party without his knowledge. This research is normative juridical with descriptive analysis technique. Theory used is concept of law by Gustav Radbruch, consists of three general precepts: purposiveness, justice, and legal certainty. The conclusion of this paper is the developers acts in accordance with what has been agreed in the agreement which states that the developer can sell the land to another party if the buyer is in default.