Analysis of Breach of Contract in Preliminary Land Sale and Purchase Agreements: A Study of Decision Number 7/Pdt.G/2024/PN Byl

Abstract

This article examines breach of contract in preliminary land sale and purchase agreements through a doctrinal analysis of Boyolali District Court Decision Number 7/Pdt.G/2024/PN Byl, with particular attention to the parties' contractual positions, the structure of payment obligations, and the legal responsibilities of the Notary and the Land Office. The dispute arose because the buyer had only partially fulfilled the agreed instalments while already taking physical possession of the land, whereas the original land certificates remained in the custody of the Notary, a configuration that generated an imbalance between the parties and culminated in a claim of breach. The research adopts a normative legal method with a descriptive-prescriptive orientation, combining statutory, case-based, and conceptual approaches to the Civil Code, the Notary Office Act, relevant judicial decisions, and scholarly writings. The analysis demonstrates that the court consistently applied Articles 1238, 1266, 1267, 1464, and 1269 of the Civil Code to establish the buyer’s breach, annul the agreements, determine which payments should be retained or returned, order the restitution of original certificates and physical possession to the lawful owners, and instruct the Land Office to suspend any transfer of title. The decision aligns with Subekti’s theory of breach of contract and offers a normative clarification of the duty-of-care standard that notaries must observe when drafting preliminary sale and purchase agreements in order to safeguard a fair balance of rights and obligations and to reinforce legal certainty in land transactions.