PERLINDUNGAN HUKUM TERHADAP PEMBELI YANG BERITIKAD BAIK ATAS PEMBATALAN PERJANJIAN PENGIKATAN JUAL BELI SECARA SEPIHAK

Abstract

Article 1338 of the Indonesian Civil Code provides that a legally valid agreement is binding upon the parties as law and must be performed in good faith, while Article 1266 provides that the cancellation of a reciprocal agreement must be sought before a judge. However, in practice, unilateral cancellation of Sale and Purchase Preliminary Agreements (Perjanjian Pengikatan Jual Beli or PPJB) that prejudices good-faith buyers still occurs. This research examines the legal consequences for sellers arising from unilateral cancellation of PPJB and the forms of legal protection afforded to good-faith buyers. The theories employed are R. Soeroso’s theory of legal consequences and Satjipto Rahardjo’s theory of legal protection.This research employs a normative juridical method based on library research and secondary legal materials consisting of primary, secondary, and tertiary legal sources. The research approaches used are statutory, conceptual, analytical, and case approaches. Legal materials were collected by identifying and inventorying positive legal provisions, books, journals, and other relevant legal sources. The legal materials were analyzed using systematic and grammatical interpretation as well as analogical construction. The results show that the legal consequences for sellers arising from unilateral cancellation of a PPJB are determined by the legal basis for cancellation, fulfillment of contractual obligations, the buyer’s good faith, and the cancellation procedure. Unilateral cancellation without a valid legal basis against a good-faith buyer may constitute an unlawful act, resulting in obligations to restore the contractual relationship, return payments, and/or provide compensation. Conversely, cancellation is valid where the buyer is proven to have committed a breach of contract and the cancellation is carried out in accordance with the PPJB. Legal protection for good-faith buyers is provided through restoration of their rights, including declaring the cancellation invalid, ordering the continuation of the PPJB, restoring the buyer’s rights to the object, returning payments, and awarding proven damages. Such protection is based on the buyer’s good faith and fulfillment of contractual obligations, thereby providing concrete restoration of rights prejudiced by an unlawful cancellation