Legal Protection on Good Intention Buyers Against the Auction Object Due to the Execution of Liability Rights

Abstract

The problem of land in human life is very important, because most of human life is very dependent on the land. Therefore, buying and selling is not only the transfer of ownership rights to land to other parties, but also the transfer of land rights, where the buyer controls, manages and uses the object according to his interests and needs. A legal act of transferring rights must fulfill the principle of light and cash. The author presents an example of a sale and purchase agreement made in good faith, but the seller does something illegal and the buyer in good faith is not protected. There is an interesting legal issue for the author to examine in more depth about the land sale and purchase agreement as the legal fact that the buyer has good intentions but an unlawful act is committed by the seller, so that the object of the sale and purchase must ultimately be executed because the debtor defaults. The type of research is normative juridical. The conclusion from the legal position of the buyer who has good intentions, even though the evidence is in the form of an underhand sale and purchase agreement, must still get legal protection. Due to the legal action between the seller and the bank without the power and approval of the buyer, the agreement between the seller/debtor and the creditor can be qualified as "null and void" based on the good faith of the buyer in taking legal action with the seller or it can be qualified that the sale of the auction object is considered never to have occurred, as stipulated in Article 20 UUHT. And that the current regulations do not provide legal protection for buyers with good intentions. Because the rights of the buyer who have fulfilled the elements as stated in Article 1320 of the Civil Code are still being ruled out, it is proven by the auction of the object of sale and purchase that has been carried out by the seller with legal actions with other parties carried out unilaterally. So that in the future there is a need for regulations that provide more legal protection for buyers with good intentions