ANALISIS YURIDIS PERTIMBANGAN HAKIM TERHADAP CACAT KEHENDAK DALAM AKTA JUAL BELI TANAH AKIBAT PENYALAHGUNAAN KEADAAN : STUDI PUTUSAN NO. 1079/PDT.G/2024/PN JAKARTA SELATAN

Abstract

From a social and economic perspective, land is crucial because it establishes ownership and use. The transfer of land rights is possible through the ratification of a Deed (AJB) (PPAT), in accordance with applicable laws and regulations. Exploiting circumstances that appear to have formed an AJB without sufficient authority creates problems when the parties' freedom of will is compromised. The purpose of this study is to examine the standards used by courts to decide whether a Deed of Sale and Purchase is valid or not, regardless of whether there are errors in the approval process. Decision No. 1079/Pdt.G/2024/PN This paper uses normative legal methods to examine South Jakarta using statutory and case-based techniques. Due to failure to meet the subjective standards for a legally binding agreement as outlined in Article 1320 KUHP, a Deed of Sale and Purchase issued with defective approval can be annulled, according to the study's findings. The presence of unequal power dynamics, the vulnerable condition of one party, and the exploitation of factors that influence free will are other factors evaluated by the courts. Consequently, protection of the less powerful party must be prioritized, because AJB, even though it has high evidentiary value as a valid deed, can still be declared null and void due to errors in the approval procedure.