Analisis Yuridis Terhadap Peralihan Hak Atas Tanah Dalam Perjanjian Jual Beli Tanah Akibat Adanya Cacat Kehendak (Willsgebrek) (Analisis Putusan Nomor 130/K/PDT/2017)

Abstract

In practice, events often occur that indicate one of the defects of will, such as mistake, fraud, and coercion in land sale and purchase agreements, especially if one party suffers significant financial losses but is forced to agree to the agreement due to certain circumstances. This research examines the legal consequences of the transfer of land rights, the determination of defects of will, and the juridical analysis of the transfer of rights with defects of will (willsgebrek) based on Decision Number 130/K/PDT/2017. The research method used is normative juridical with primary and secondary data sources and qualitative analysis. The results of the study show that the transfer of land ownership rights is binding on both parties to be carried out in good faith, but can be null and void if there are defects of will, object, or unlawful causa, the determination of which is carried out by considering elements of mistake, fraud, coercion, or abuse of circumstances resulting in non-free consent, which can be submitted for cancellation to the court.