ANALISIS PUTUSAN KASASI NOMOR 2227 K/PDT/2025 TERKAIT PPJB DENGAN HAK MEMBELI KEMBALI SEBAGAI JAMINAN HUTANG

Abstract

Cassation Decision Number 2227 K/Pdt/2025 ruled that smuggling debt-receivables law through a sale-and-repurchase scheme on land constitutes an Unlawful Act. However, the judge's reasoning omitted how the elements of Article 1365 of the Civil Code were met. Using a normative juridical method with statutory, conceptual, and case approaches, this study analyzes the decision's considerations and legal consequences. The findings reveal that Sale and Purchase Binding Agreement No. 09 and Power of Attorney to Sell No. 10 were improperly used as debt repayment, preceded by Debt Acknowledgement Agreement No. 128/L/XI/NOT/2020. These authentic deeds are formally flawed, violating Article 16 paragraph (1) letter m of the Notary Position Law. Subsequently, the issuance of Deed of Sale and Purchase No. 55/2021 and the title transfer of SHGB No. 234 to Defendant II were found materially flawed. They violate Article 12 of the Mortgage Rights Law and involve fraud (Article 1328 of the Civil Code) and the abuse of economic circumstances. Consequently, the Defendants' actions fulfill Article 1365, and the authentic deeds are declared not legally binding.