Sale and Purchase Deed as Evidence in Resolving Land Sale and Purchase Default Disputes

Abstract

Indonesia as a country of law adheres to the Civil Law system where the
source of Law and all rules applied in Indonesia must be based on what has
been codified or written in the form of a law. The type of research used is
qualitative research derived from legal materials. The research approach
method used is laws and regulations and a case approach, with the method
of collecting data from literature studies and data analysis using normative
juridical analysis. It is divided into several legal orders, one of which we
know, namely Civil Law. The problems handled in the Civil Law are
individual persons, for example, the sale and purchase of land where two
parties are involved in a civil bond. In buying and selling, there is a need
for an agreement, then generally there is a Deed of Sale and Purchase (AJB)
which is an authentic deed and plays an important role in the process of
buying and selling land as a sign that there has been a legal act between the
parties. However, in reality, there is still a default in the sale and purchase
of land after the issuance of the AJB where the seller cannot fulfill the rights
of the buyer as stated in the AJB. If a civil dispute cannot be resolved using
mediation, it can be resolved by submitting it to the court. In the settlement
of civil disputes in court, there is evidence where evidence must be
submitted to strengthen the argument. In this case, the Deed of Sale and
Purchase can be used as evidence that is classified as an authentic deed of
evidence.