KEDUDUKAN HUKUM PERJANJIAN JUAL BELI ATAS DASAR UTANG PIUTANG (Studi Kasus Putusan Pengadilan Nomor: 347/Pdt.G/2020/PN Btm)

Abstract

The notary is required to be careful and thorough in making authentic deeds for the parties who come before him, so that the deed he makes does not cause harm to one of the parties which results in the party feeling aggrieved submitting an annulment of either part or all of the contents of the deed through a court decision. As an example of the case of debts and receivables that are wrapped up into buying and selling contained in Decision Number 347/Pdt.G/2020/PN Btm. In this writing, the legal research method used by the author is normative-empirical, with a qualitative approach that uses methods through library research. The results of this study are that the Sale and Purchase Agreement with the Authorization to Sell is legal before the law as long as the agreement is made in accordance with the legal terms of the agreement in Article 1320 of the Civil Code. However, this Sale and Purchase Agreement with the Power of Attorney cannot be used as collateral in a debt agreement. This is because the sale and purchase agreement and debts have two different constructions due to different principles.