TIMBUL WIDODO, 030942055 (2011) JUAL BELI HAK ATAS TANAH ( Analisis Putusan Mahkamah Agung No. 589 K/Pdt/2009 ). Thesis thesis, UNIVERSITAS AIRLANGGA.

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Abstract

Delivery is based on events to move the civil rights belonging to one of them is by buying and selling. Buying and selling is generally provided for in Book III of BW, which adheres to the principle of Commitments open or freedom of contract, meaning that each person may make any agreement, although not or are not regulated by law. Yet freedom is limited by three things, namely not prohibited by laws, not contrary to morals and not contrary to public order.Sale and purchase of land rights committed between Maemonah with Sri Nadiroh conducted in accordance with correct procedures are performed in the presence of PPAT with proof of sale and purchase and continued behind the name at the Land Office, but the sale and purchase intentions are no good and there is no element of coercion of the buyer. The buyer is a member of the House know that the land will be purchased Maemonah that are later bought by the government to develop sports facilities that would ring olaha much higher price if purchased by the Government. Goals to be achieved in this thesis, the validity of sale and purchase of land rights between the Sri Nadiroh Maemonah Asrori Wahid's wife. The results explain that the sale and purchase of land rights between the Sri Nadiroh Maemonah Asrori Wahid's wife was legal because it has met the requirements of material and formal requirements. Buyers who have bad intentions against the seller is to conduct illegal acts, so that fitting and Maemonah Supreme Court decision as the aggrieved party is entitled to demand compensation to the buyer. But the relation with the form of compensation on the basis of illegal acts, the decision does not comply with Supreme Mahakamah actually suffered by Maemonah that amount of Rp. 486,927,000

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