CD Skripsi

Tanggung Jawab Penjual Dalam Jual Beli Tanah Yang Masih Dibebani Hak Tanggungan

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ABSTRACT
A sale and purchase is also known as an obligatory agreement, in which the parties
agree and bind themselves to deliver an object to another party. According to the
Indonesian Civil Code (KUHPerdata), a sale and purchase agreement alone does not
yet result in the transfer of ownership rights over an object from the seller to the
buyer. This phase is merely an agreement (consensual) and must be followed by a
delivery agreement (material agreement). A problem arises where the debtor (seller)
enters into an agreement before a notary with someone (the buyer), but at the time of
repayment, the banking/financing institution (creditor) does not allow the buyer to
make the payment and retrieve the original certificate. This is despite the buyer
holding the agreement deed and power of attorney documents that were previously
agreed upon with the debtor (seller). The creditor still requires the debtor (seller) to
be present to carry out these matters. The buyer feels disadvantaged because the
deeds made with the debtor (seller) before a notary seem to hold no legal force, while
the debtor (seller) can no longer be contacted.
Based on the problems discussed in this research, the objectives are: to identify and
analyze the seller's responsibility in the sale and purchase of land that is still
encumbered with a mortgage; a) to examine and analyze the legal implications of
selling land still under mortgage; b) to further analyze these legal consequences.
This research is classified as sociological research. The research was conducted at
PT. BNI (Persero), Tbk, Riau Region, and at the office of Notary/PPAT Ikhwan
Wahyudhi. The population and sample include all parties involved in the issue being
studied. This study uses both primary and secondary data, with data collected
through interviews.
The results of the research reveal two main conclusions. First, the responsibility of
the seller or debtor when transferring rights to land still encumbered with a
mortgage is to create a Sale and Purchase Agreement (PPJB) and a Power of
Attorney, as the object is still under bank collateral. Second, the legal implication is
that if the parties do not inform the bank (as the mortgage holder), the agreement is
null and void by law. This is in accordance with Law Number 4 of 1996 concerning
Mortgage Rights, Article 11 paragraph 2 letter g. The author’s suggestions are: first,
to ensure that the PPJB and Power of Attorney are not rendered legally void, the
bank must be informed that the object will be sold; second, in order to achieve legal
certainty regarding legal actions not yet explicitly regulated, a specific regulation
should be established.
Keywords: Mortgage, Sale and Purchase, Seller, Responsibility

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1809125271

Penerbit

Pekanbaru : Universitas Riau – F.HUKUM – HUKUM PERDATA., 2025

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1809125271

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA

Info Detail Spesifik

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Pernyataan Tanggungjawab

daus

Versi lain/terkait

Lampiran Berkas

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