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

Abstract

The transfer of rights occurs either due to sale and purchase, relinquishment of rights or due to an agreement to provide encumbrances as a result of a debt agreement.This obligation is imposed on all parties, both by individuals and legal entities who, according to land/agrarian law, are subject to land rights.The agreement made by the parties is the Sale and Purchase Binding Agreement (hereinafter abbreviated as PPJB).PPJB is actually no different from the agreement in general.It's just that a binding sale and purchase agreement is an agreement that was born as a result of the open nature of Book III of the Civil Code. The research objective in this study is to know and analyze the application of the principle of freedom of contract in deeds of binding sale and purchase agreements based on debts and receivables as well as knowing and analyzing the legal consequences of binding agreements.buying and selling based on debts and receivables. The research method used in this research is a normative juridical approach supported by empirical juridical with detailed descriptions, namely research that begins deductively with an analysis of the articles in the statutory regulations that regulate the legal problems that occur. The legal theory used is the Agreement Theory and the Theory of Legal Certainty.