PENYELESAIAN SENGKETA DI LUAR PENGADILAN MENGENAI WANPRESTASI PADA PERJANJIAN PENGIKATAN JUAL BELI BANGUNAN DIATAS TANAH SEWA KOTA MALANG (Studi Kasus Sengketa Antara Tuan Ferry Lukman dengan Tuan Tony Supriadi di Kantor Notaris Dra. Tuminem, S.H. Kota Malang)

Abstract

Object to be problem in this research is how to settlement dispute out of court which do second crack side after happen wanprestation on aggrement sale and purchase binding agent above building rent ground in Malang on Dra. Tuminem,S.H notary office consists of : a) procedure dispute settlement b) period of time dispute settlement c) expense dispute settlement and d) result dispute settlement ?\ud Methode of using is sosiologic yuridis, depand offer result research which doing with situation and condition to fine reality at the fact. Even though descriptif qualitatif, analysis to descripe so clear and systematis with happening in pratice have relation with solution problem out of court about wanprestation on aggrement sale and purchase binding agent above building rent ground in Malang and to connect with clause in the theory and constitution of rule have releated with problem. The location research in the Dra. Tuminem,S.H. notary office, because case wanprestation on aggrement sale and purchase binding agent between Ferry Lukman as seller and Tony Supriady as buyer which stay in that city. Primary date gotten by writer directly from location of research, while secondary date be gotten through reference constitution or archives from office concerned us to substance of research to get answer from the problem. \ud In the development of period human being and recht staat as subject of law in making aggreament or engagement should be done writely in authentic act to get truely and protection of law. In implementation all along fluently, every side can do wanprestation or don’t the due. If this reason happen so side be harmed because wanprestation can demand right or obliged. Like as wanprestation dispute on aggrement sale and purchase binding agent between Ferry Lukman as seller and Tony Supriady as buyer.\ud The choice of effort case or dispute wanprestation on aggrement sale and purchase binding agent above building rent ground in Malang between seller and buyer is out of court (non litigation), consists of a) Procedure: do by Negotiation and Mediation, in fact can solve dispute wanprestation with proof made on and agree Addition and that Change Act Aggrement Sale and Purchase Binding Agent Above Building Rent Ground in Malang. b) Period of time: the settlement out of court (non litigation) is the period of time is short 7 days or a week, if be compared with settlement through in a court (litigation) need time about 2 years, c) The expense of settlement is cheap five hundreds thousands rupiah, to make notary act, if be compared with settlement throw a court or litigation can’t be predicted expense use during session doing. d) The result: after doing addition act and that change, side’s make authentic act have the strength of law are Act Aggrement Sale and Purchase Binding Agent Above Building Rent Ground in Malang with number act 1 on April 2006, if be compared with result dispute of settlement throught a court (litigation) is be read verdict have the strength of law is conctant and as soon be done verdict execution (parate execution)