DISPUTE CASE OF BREACH OF LAND SALE BID
Abstract
Buying and selling activities generally have various objects, one of which is buying and selling land. In the past, Indonesian people carried out land buying and selling only by mutual agreement. The problem in this study is determining the default in the agreement. Settlement of default disputes in sales agreement disputes in case decision number 151/Pdt.G/2020/PN Skt with Decision No. 532/Pdt/2020/PT SMG. Default occurs when the debtor is considered negligent, which is marked by the passage of time or if there is already a warning letter of negligence from the creditor to the debtor. The warning is given within a reasonable time limit for the debtor to fulfill his/her performance. The debtor is required to pay compensation for the losses suffered by the creditor. In a reciprocal transaction (bilateral), default by one party gives the other party the right to cancel or can also terminate the transaction through a judge. The risk shifts to the debtor from the time of default (Article I237 paragraph 2 of the Civil Code. Settlement of default disputes in sales agreement disputes in case decision number 151/Pdt.G/2020/PN Skt with Decision No. 532/Pdt/2020/PT SMG was resolved through litigation (court) the judge dismissed the plaintiff's lawsuit in its entirety with a default to attend the trial. The trial with the default certainly did not have any objections from the defendant, so the judge decided that the defendant as the seller had committed a default.
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