Review of Sale and Purchase Agreement According to Indonesian Legal System

Abstract

Agreement of the parties. Agreement means there is a free will agreement between the parties regarding the main things that are desired in the agreement. In this case, the parties must have a free will (voluntary) to bind themselves, where the agreement can be stated explicitly or secretly. Free here means free from errors (dwaling, mistake), coercion (dwang, dures), and fraud (bedrog, fraud). In a contrario, based on article 1321 of the Indonesian Criminal Code, the agreement becomes invalid, if the agreement occurs because of the elements of an error, coercion, or fraud. Whereas in land buying and selling parties who have made land purchases to the seller can be sued by those who feel entitled to the land rights, therefore it is necessary to require a legal protection for buyers, usually this land ownership dispute is submitted by the plaintiff in the District Court for selling buy the land there is a certificate that has been carried out based on the process that has been passed starting from the making of the sale and purchase certificate to the issuance of the certificate. But all of that is not likely to be sued by a third party.