Legal Consequences of Cancellation of Land Purchase with Down Payment (A Study in North Lombok Regency)

Abstract

This study discussed the legal consequences of canceling land purchases with down payments in the district of North Lombok. The research problem was how the legal protection to the seller for the cancellation of the land purchase with down payment and the status of its Conveyance Deed. This study aimed at determining and analyzing the legal protection of the seller for the cancellation of the land purchase and to analyze the status of the Conveyance Deed due to the cancellation. It utilized an empirical legal method with a conceptual approach, a legislative approach, and a sociology of law approach. This study found that: 1) the regulations governing the sale and purchase with down payment protection law included the Civil Code Article 1464, the consumer protection law article 4 letter (h) regarding the claim for compensation, the jurisprudence of the Supreme Court Decree No. 2661K/Perdata/2004 dated 28 February 2006, the decision of the Tanjungkarang District Court No. 5/pdt.g/2015/pn.tjk dated 31 August 2015 and article 1339 of the Civil Code in conjunction with article 1347 of the Civil Code; 2) in terms of the status of Conveyance Deed due to cancellation, the Conveyancer could not cancel the Sale and Purchase Deed that had been made in the event of a dispute. The parties had to settle it to the judiciary where one party was the plaintiff and the other party was the defendant.