ANALISIS HUKUM PERDATA TERHADAP PEMBATALAN SEPIHAK DALAM PERJANJIAN JUAL BELI PROPERTI

Abstract

Property sale and purchase agreements are vital legal instruments in ensuring transactional certainty and mutual trust, and their enforceability is protected by the principle of pacta sunt servanda under Article 1338 of the Indonesian Civil Code. In practice, however, unilateral cancellations still occur despite the absence of default (wanprestasi), creating a gap between the ideal norm prohibiting unilateral cancellation (Articles 1266 and 1267 of the Civil Code) and practice, which gives rise to vague norms and inconsistent Supreme Court jurisprudence. This research aims to analyze the civil law construction of unilateral cancellation without default in property sale and purchase agreements, as well as the legal consequences and forms of legal protection for the aggrieved party. This research employs a prescriptive normative legal method, using statutory, conceptual, and case approaches, through library research on primary, secondary, and tertiary legal materials analyzed normatively and qualitatively. The results show that unilateral cancellation without default is unlawful because it violates Article 1338 paragraph (2) and Article 1266 of the Civil Code as well as the principles of pacta sunt servanda and good faith, and can be qualified as both a default and a tortious act under Article 1365 of the Civil Code, in line with Supreme Court Jurisprudence No. 4/Yur/Pdt/2018. The legal consequences include the continued validity of the agreement, the obligation to pay material and immaterial damages, and the application of restitutio in integrum, with a tort-based lawsuit being the most effective dispute resolution mechanism for the aggrieved party.