Proses Penyelesaian Perkara Wanprestasi dalam Jual Beli Tanah (Studi Kasus di Pengadilan Negeri Surakarta)

This study aims to analyze the conclusions evidenced by the panel of judges, the judge's judgment in passing the verdict, and the legal consequences of the case of default in the sale and purchase of land. This research is a type of normative legal research which examines the law which is conceived as a norm or norm that applies in society. The study was conducted in the Surakarta District Court. Data sources using secondary data in the form of court decisions. Data analysis techniques using qualitative analysis. The results of the study show that: First, the process of buying and selling land rights has been clear because it was conducted before PPAT but has become legally flawed because Defendant II was absent and did not sign the deeds. The Defendant's refusal to complete the transaction and submit the certificate is a breach of contract; Secondly, the deeds were made without the presence of Defendant II (Defendant I's wife), so that the issued deeds made legal defects and were canceled. The legal consequences between the Plaintiff and Defendant II are not bound in the sale and purchase agreement, therefore there is no breach of contract committed by the Defendant. Since the Plaintiff has made the payment while the sale and purchase is declared canceled, then the money that has been submitted for the payment must be returned to the Plaintiff. Compensation claim is as a demand for interest payment of 6% per year from the amount of money Rp.260,000,000. Confiscation of the object of dispute is necessary. Defendants must be punished for paying legal fees; Third, the legal consequences of the party that defaults are that he may be subject to sanctions or penalties in the form of: paying compensation, canceling the agreement, transferring the risk to the debtor since the time of the default, and paying the court fee