Research Article
The Binding Agreement of Sale and Purchase (PPJB) Done Under Hands Based on The Government Regulation Number 12 Of 2021 (Case of Binding Sale and Purchase Agreement of PT Metropolitan Karyadeka Development on June 14, 2021)
@INPROCEEDINGS{10.4108/eai.16-4-2022.2319785, author={Zulfikar Judge}, title={The Binding Agreement of Sale and Purchase (PPJB) Done Under Hands Based on The Government Regulation Number 12 Of 2021 (Case of Binding Sale and Purchase Agreement of PT Metropolitan Karyadeka Development on June 14, 2021)}, proceedings={Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2022}, month={8}, keywords={deed under agreement; sale and purchase}, doi={10.4108/eai.16-4-2022.2319785} }- Zulfikar Judge
Year: 2022
The Binding Agreement of Sale and Purchase (PPJB) Done Under Hands Based on The Government Regulation Number 12 Of 2021 (Case of Binding Sale and Purchase Agreement of PT Metropolitan Karyadeka Development on June 14, 2021)
ICLSSEE
EAI
DOI: 10.4108/eai.16-4-2022.2319785
Abstract
In practice, many house sales and purchase agreements are carried out using a standard sale and purchase agreement (PPJB), which is not made before a notary. Based on Article 1 paragraph (11) of Government Regulation Number 12 of 2021, PPJB must be made before a notary. PPJB making is still often done under the hands. So that the sale and purchase binding agreement will cause problems regarding legal certainty, legal protection and the legal consequences of the agreement in the event of default in the future. The results show that even though the agreement was made privately and not in accordance with what is stipulated in Government Regulation Number 12 of 2021, the agreement is still binding on the parties in its implementation because it has fulfilled the elements in Article 1320 of the Civil Code. There are legal consequences regulated in Article 1338 regarding the principle of Pacta sunt servanda. It can be concluded that the existence of Article 1 paragraph (11) of PP Number 12 of 2021 has no effect on the disappearance of the rights and obligations of the agreement. The suggestion from the author is that all individuals who want to carry out PPJB continue to sign in front of a notary, present witnesses where the witness also signs the agreement and initialize each page of the agreement.
