Proses Penyelesaian Perkara Wanprestasi Atas Sengketa Balik Nama dalam Jual Beli Tanah (Studi Kasus di Pengadilan Negeri Surakarta)

Nisa, Arini Aulia and -, Nuswardhani, S.H, S.U (2021) Proses Penyelesaian Perkara Wanprestasi Atas Sengketa Balik Nama dalam Jual Beli Tanah (Studi Kasus di Pengadilan Negeri Surakarta). Skripsi thesis, Universitas Muhammadiyah Surakarta.

	PDF (Naskah Publikasi) NASKAH PUBLIKASI.pdf Download (545kB)
	PDF (Halaman Depan) HALAMAN DEPAN.pdf Download (674kB)
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	PDF (Daftar Pustaka) DAFTAR PUSTAKA.pdf Download (144kB)
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Abstract

An agreement does not always run as desired by the parties. The land sale and purchase agreement can cause problems that cause disputes. The author's purpose in this study is to find out how a judge determines the proof of a default case for a transfer of name dispute in the sale and purchase of land, to find out how a judge's consideration is in determining a default case decision, and to find out what the legal consequences are after the judge decides on a default case. The approach method used in this study is the juridical-normative method, because in this study the rules of law, legal principles regarding the process of settlement of default cases on transfer of names disputes in the sale and purchase of land will be investigated, especially in the Surakarta District Court. The type of research used in this study is descriptive research, because in obtaining data from this study it is expected to be able to describe clearly and in detail related to the settlement of default cases, especially cases of transfer of names in buying and selling land at the Surakarta District Court. The results showed that a) The judge in his evidence concluded that the lawsuit filed by the Plaintiff was in accordance with and proven by the existing evidence, the judge stated that this lawsuit was proven that the Defendant committed an act of Default by not fulfilling his obligations to carry out or assist the transfer of name. b) The judge considers that based on the available evidence, that the Defendant violates the legal requirements of the agreement in article 1320 paragraph (3) that the agreement is valid but the defendant does not fulfill his obligations, it is proven that the Defendant has defaulted. Therefore, the judge's consideration stated that the plaintiff's argument was granted in its entirety, sentenced the defendant to assist in the transfer of names, and ordered the defendant to pay court fees in the amount of Rp. 1,826,000, - (one million eight hundred twenty six thousand). c) the legal consequence after the judge decides on this default case is that it must be carried out, namely punishing the defendant for helping the transfer process and paying court fees. Because the Defendant could not carry out the consequences because his whereabouts were unknown and could not be contacted, the Co-Defendants assisted in the transfer of names. A further consequence of not complying with this decision is execution.

Item Type:	Karya ilmiah (Skripsi)
Uncontrolled Keywords:	transfer of name disputes, sale and purchase of land, settlement of cases in the Surakarta district court
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	ARINI AULIA NISA
Date Deposited:	13 Aug 2021 03:57
Last Modified:	13 Aug 2021 03:57
URI:	http://eprints.ums.ac.id/id/eprint/93097

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