ANALISIS YURIDIS TERHADAP WANPRESTASI DALAM PERJANJIAN JUAL BELI TANAH (Studi: Putusan MA Nomor 2469/K/Pdt/2017)

Abstract

Decision of the Supreme Court Number 2469 / K / Pdt / 2017 which is a decision issued because of an appeal against the promise of breaking the sale and purchase agreement on Jl. Gatot Subroto bt.5 Kelurahan Kampung Bulang.Which agreement is a broken promise.This lawsuit was granted because the previous justice judge was not right in applying the law.The formulation of the problem of this research is What is considered by the Supreme Court Judge in deciding civil case Number 2469 / K / Pdt / 2017.Does the Judge's decision in case Number 2469 / K / Pdt / 2017 meet the principle of justice.The researchers used a normative juridical approach using secondary data types with data collection techniques in the form of Supreme Court Decree No. 2469 / K / Pdt / 2017 and books related to the problem under study.From the results of the analysis it can be concluded that the consideration of District Court and High Court Judges is based on jurisprudence so that the two courts did not grant the Plaintiff's claim while, the Supreme Court Judge acknowledged the agreement made by the parties so that the Plaintiff's claim was granted.Judges' verdict from the three courts in the case of buying and selling land on Jl. Gatot Subroto bt. 5 Kelurahan Kampung Bulang. according to the theory of justice, the two courts namely the District Court and the High Court are not appropriate in applying the law because they do not consider the agreement made by the Parties.The Supreme Court Judge in accordance with justice acknowledged that there was an agreement made by the Parties that an agreement was an authentic deed which was a perfect proof according to Article 1865, a deed made by a Notary or official appointed under the law and the deed was made based on the agreement of the parties determined by the law before signing the deed, the parties are understood to understand the contents of the agreement after being read out to the parties by the Notary Public, thereby justifying a default