PENERAPAN ASAS KEBEBASAN BERKONTRAK DALAM PENYELESAIAN SENGKETA AKTA PERJANJIAN PENGIKATAN JUAL BELI YANG DIDASARI UTANG PIUTANG Indonesia

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Esau Djaha

Abstract

ABSTRACT
Transfer of rights that occur either because of buying and selling, relinquishment of
rights or because of an agreement to give a charge as a follow-up to the debt agreement.
This obligation is imposed on all parties, both by individuals and legal entities which
according to land/agrarian law are domiciled as the subject of land rights. the agreement
made by the parties is the Sale and Purchase Binding Agreement (hereinafter abbreviated
as PPJB). PPJB actually has no difference with the agreement in general. It's just that
the binding sale and purchase agreement is an agreement born as a result of the open
nature of Book III of the Civil Code. The purpose of this study is to find out and analyze
the application of the principle of freedom of contract in the deed of binding sale and
purchase agreements based on accounts payable and to find out and analyze the legal
consequences of binding agreements sale and purchase based on accounts payable. The
research method used in this study is a normative juridical approach supported by
empirical juridical by detailing the description, namely a deductive study starting with an
analysis of the articles in the laws and regulations that regulate the legal problems that
occur. The legal theory used is the Agreement Theory and the Legal Certainty theory.

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