Tinjauan Yuridis Terhadap Pembatalan Perjanjian Sewa Menyewa Tanah Antara Perusahaan Umum Kereta Api Dan P.T. Basko Minang Plaza Dalam Perkara Perdata Putusan Nomor : 12/Pdt.G/2012/Pn/Pdg Di Kota Padang
ABSTRACT: Cancellation of the
agreement is the return everything to its original state, such as when theagreement
was first held. Cancellation of the agreement can be done by absolute
cancellation (relatief nietigheid), the cancellation must be requested by
either party. Meaning more leads tothe cancellation of the contract formation
process or agreement (conclusion of the contract or agreement). Result in the
cancellation of the contract is the law of return to its original position, as
well as before the conclusion ofthe contract.The purpose of this study was to
determine the reasons cancellation of the agreement in civil Nomor.12 / PDT.G /
2012 / PN.PDG and to determine the consideration of the judges who made the
basis for examining and deciding thecase Nomor.12 / PDT.G / 2012 / PN.PDG.
Research by the author is classified into types of normative legal research
done by researching library materials or secondary data. Based on the descriptive
nature is to collect data in accordance with the truth then the data is
compiled andprocessed and analyzed to provide a systematic overview of the
facts and characteristics of the object and the subject under study
accurately.The lawsuit cancellation agreement based on a civil case No. 12 /
Pdt.G / 2012 / PN.PDG filed by the plaintiff against the defendant begins with
theland lease agreement between the plaintiff and the defendant, during which
the lease is thedefendant does not pay the rent of land to plaintiffs started
from 2004 until 2012. The plaintiffhad to tell the defendant to pay the rent of
the land but of pihat defendant no response or reply. Based on the above, with
the fulfillment of the elements of cancellation of the agreement in Article
1266 of the Civil Code, the author believes that the judge had correctly
applied the law,the cancellation of the agreement dilakukakan by PT. Train and
PT. Basko Minang Plaza does have the right to be sued by the act of default.
Penulis: Nathasya Nadia
Fenandri
Kode Jurnal: jphukumdd151146
