Perjanjian Pengikatan Jual Beli (PPJB) dan Implikasinya terhadap Peralihan Hak Atas Tanah

Abstract

The Sale and Purchase Binding Agreement (PPJB) is a highly important legal instrument in property transactions in Indonesia. In civil law, the validity and dispute resolution related to PPJB are essential aspects that require in-depth analysis. A sale and purchase process using the PPJB structure generally requires a transfer clause, both physically and juridically, known as juridical delivery or juridische levering. Juridical delivery is carried out through the signing and execution of the Deed of Sale and Purchase (AJB) before a Land Deed Official (PPAT). Therefore, if the AJB has not been made, legal transfer or juridical delivery has not yet occurred, even though the PPJB has been agreed upon by the parties. Thus, there is a fundamental difference between a PPJB and a sale and purchase agreement. In a PPJB, delivery of the object or transfer of rights occurs later, whereas in a sale and purchase agreement, the transfer occurs directly. This research is descriptive analytical using a normative juridical approach, with collected data processed and analyzed qualitatively through an inductive method to obtain relevant and systematic conclusions.