| dc.description.abstract | One of the examples of Default on a Sale and Purchase Agreement is Medan District Court Decision Number: 522/Pdt.G/2021/Pn-Mdn, where the underhand sale and purchase agreement made is used as collateral for home ownership loan. Therefore, this research aims to find out the validity of the underhand made sale and purchase agreement using a Certificate of Ownership as collateral for home ownership loan, to analysis of the district court decision number 522/pdt.G/2021/PN-Mdn, und to find out the legal consequences caused by an act of default based on underhand made sale und purchase agreement using a Certificate of Ownership as collateral for home ownership loan
This analytical descriptive research employs a normative juridical legal approach by revealing statutory regulations which are related to legal theories which are the object of research. Data are collected through library research and analyzed using qualitative methods,
The research results indicate that the legal standing regarding the validity of underhand sale and purchase agreement using Certificate of Ownership as collateral for home ownership loan is based on the theory of legal certainty, all elements of the rules are certain and fulfilled as stipulated, so the validity of underhand sale and purchase agreement using Certificate of Ownership as collateral for home ownership loan. loan, is, thus, legally valid. The analysis of District Court Decision Number 522/Pdt.G/2021/PN-Man is that the judge's final decision contained in the Court Decision Number: 522/Pdt.G/2021/PN-Man is in accordance with the theory of justice, namely to obey the law is to serve justice by running it in accordance with the Law of Civil Procedure, the Civil Code, as well as Law Number 48 of 2009 on Judicial Power and Supreme Court Regulation No. 1 of 2016. The legal consequences if there is a default in a legal consequence arising from an act of breaking a promise (default) in a binding underhand made sale and purchase agreement using Certificate of Ownership as collateral for home ownership loan is the emergence of losses suffered by the party who does not accept the performance, that the party who aggrieved demands performance from the party who committed the default. Based on the theory of legal protection, preventive legal protection can be carried out by the parties by seeing the making process of the sale and purchase agreement attentively, in addition to comprehensive analysis. Repressive legal protection can be carried out by preparing a team of professional legal advocates, preparing all documents as items of evidence and proofs, as well as supporting witnesses in filing a lawsuit. | en_US |
