Legal Consequences of Unpaid Sale and Purchase Deed Before Notary/PPAT (Case Study of Supreme Court Decision Number 2134 K/Pdt/2024)

Abstract

The Sale and Purchase Deed (AJB) made by Notary/PPAT should be executed after full payment, but in practice it is often made based on a Sale and Purchase Binding Agreement (PPJB) that has not been fully paid, even accompanied by a power of attorney to sell. This normative juridical research analyzes the position of PPJB and power of attorney to sell, the legal consequences of canceling AJB from unpaid PPJB, and Supreme Court Decision Number 2134 K/Pdt/2024. The results show that PPJB functions as a preliminary agreement that has not transferred rights. AJB from unpaid PPJB is potentially legally defective and can be canceled. The Supreme Court affirms that Notary/PPAT must ensure full payment and validity of the parties' statements to avoid creating legally defective deeds.