Open AccessImplementation of the Principle of Balance in the Sale and Buy Agreement of Households in Waarmeking by Notary in Banda Aceh City
Author(s) -
Khairunnisa Icha Syamsuddin,
Teuku Ahmad Yani,
Darmawan Darmawan
Publication year - 2021
Publication title -
international journal of multicultural and multireligious understanding
Language(s) - English
Resource type - Journals
ISSN - 2364-5369
DOI - 10.18415/ijmmu.v8i4.2541
Subject(s) - balance (ability) , deed , statutory law , statute , business , law , database transaction , formality , agreement , economic justice , duty , certificate , law and economics , political science , economics , computer science , medicine , linguistics , philosophy , algorithm , physical medicine and rehabilitation , programming language
Article 1313 of the Civil Code states that an agreement is an act whereby one or more people bind themselves to one or more other people. One example of a form of agreement is a house sale and purchase agreement. In the process of making a house sale and purchase agreement, the parties must apply the principles of contract law and also the principle of balance to achieve justice in an agreement that is made. So to protect the parties in the home sale transaction activity, it is necessary to have an agreement deed drawn up by the parties which is then recorded and registered in a notary called waarmerking. The purpose of this study is to determine and explain the application of the principle of balance to the sale and purchase of a house that is waarmeking by a notary in the city of Banda Aceh and the legal consequences of the sale and purchase of a house that is waarmeking by a notary in the city of Banda Aceh but does not apply the principle of balance. This type of research used in this research is empirical legal research with a statutory approach (Statute Approach). The results showed that the implementation of the principle of balance in the warmerking house sale and purchase agreement by the notary in its implementation has not gone well. The legal consequence of the House Sale and Purchase Agreement which was waarmeking by a notary in Banda Aceh City but did not apply the principle of balance, then one of the parties was disadvantaged.