GUGATAN PERBUATAN MELANGGAR HUKUM DENGAN PETITUM PEMBATALAN AKTA JUAL BELI (ANALISIS PUTUSAN NO; 122 /PDT. G/ 2022/PN.JAKTIM)

Abstract

One of the obligations created by law is an act that violates the law. Acts that violate the law are regulated in Article 1365 of the Civil Code and the elements must be fulfilled cumulatively. An unlawful act is a positive or negative act that causes harm to someone, requiring the perpetrator to compensate for the loss. In case no. 122/Rev. G/2022.PN. East Jakarta, the plaintiff filed a lawsuit against the defendant regarding the defects in the sale and purchase agreement. However, in the petitum the plaintiff actually submitted a request for the panel to cancel the sale and purchase deed that had been made by the authorized official as PPAT. The research method used is normative juridical research, with a statutory approach and compliance with the elements of unlawful acts as well as the provisions of civil procedural law in the form of formal defects in the plaintiff's lawsuit. The lawsuit filed by the plaintiff was mixed between a lawsuit for breach of contract and a lawsuit for unlawful acts and was decided with a ruling stating that the plaintiff's lawsuit was unacceptable.