Analysis of the Dispute of Unlawful Acts in the Land Sale and Purchase Agreement
139 Interdisciplinary Social Studies, 1(2), November 2021
reign of Napoleon Bonaparte, so it is also called the Napoleonic Code. Napoleon Bonaparte
made the law based on its source, the Roman Code of Law, commonly known as the Corpus
Juris Civilis. Fuady (2015) states that the book of laws made by Napoleon consists of three
main pillars, namely:
1) The concept of individual property rights;
2) The concept of freedom of contract;
3) The concept of a patrilineal family.
The agreement applies the concept of freedom of contract. The principle of freedom of
contract can be analyzed from the provisions of article 1338 BW paragraph (1) which reads
"All agreements made legally apply as law for those who make them." The principle of freedom
of contract gives freedom to the parties written in Salim's book (2013) to make:
1) Make or not make an agreement;
2) Entering into an agreement with anyone;
3) Determine the contents of the agreement, its implementation, and its requirements;
4) Determine the form of the agreement, namely in writing or verbally
The law of the agreement has an open nature, which in its content means that it can be
determined by the parties with several provisions, namely not contradicting public order,
morality and the law in the sale and purchase agreement made by the seller and the buyer.
In Dutch, the term against the law is called onrechmatige daad. Acts against the law are
actions that violate subjective rights that have been regulated by law and are contrary to the
legal obligations of the perpetrators that have been determined by law (Subekti, 1979).
In Book III of the Civil Code, especially Articles 1365-1380, it has been regulated about
acts against the law, acts against the law can be used as the basis for a claim for compensation.
Article 1365 of the Civil Code states that "Every unlawful act that causes harm to another
person, obliges the person who because of his fault causes harm to another person, obliges the
person who because of his fault caused the loss, to compensate for the loss" (Syahrani, 2013).
In the Civil Code there is an openness system that frees everyone to make or enter into
agreements with any parties, in making an agreement it is necessary to pay attention to the legal
terms of an agreement. The terms of the agreement are contained in Article 1320 of the Civil
Code, which states: 1) Agreement; 2) Skills; 3) Specific objects; and; 4) Halal power.
Agreements are divided into 2 (two) types, namely named agreements (Nominaat) and
unnamed agreements (Innominat), named agreements are regulated in the Civil Code such as
rental agreements, safekeeping of goods, borrowing and buying agreements, while unnamed
agreements are agreements that have not been regulated in the Civil Code.
From an unnamed agreement (Innominat) was born a binding sale and purchase agreement
(Called PPJB), the term PPJB is not listed in the Act but we find many in everyday life. PPJB
is an assistance agreement that has a function as a preliminary agreement that is free, in making
PPJB must pay attention to the legal terms of the agreement mentioned above.
The sale and purchase of land in this study leads to the rights of a land. From a legal point
of view, buying and selling land is not about the land being traded, but the right to use the land.
Regulations regarding the transfer of land rights are regulated in PP no. 34 of 1997 Article 32
paragraph (2) which reads: "Under certain conditions as determined by the Minister, the Head
of the Defense Agency can register the transfer of ownership rights to a parcel of land, which