Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)

<Previous Article In Volume
Next Article In Volume>

Abuse of Circumstances in Land Sale and Purchase Binding Agreements: Between Breach of Contract and Unlawful Acts

Authors
Isdian Anggraeny1, Herlena Fatikasari1, *, Dwi Ratna Indri Hapsari1, Nur Putri Hidayah1, Isdiyana Kusuma Ayu2
1Faculty of Law, University of Muhammadiyah Malang, Malang, Indonesia
2Faculty of Law, University of Islamic Malang, Malang, Indonesia
*Corresponding author. Email: herlenafatikasari@gmail.com
Corresponding Author
Herlena Fatikasari
Available Online 18 November 2025.
DOI
10.2991/978-2-38476-491-4_32How to use a DOI?
Keywords
Agreement; Binding; Sale and Purchase; Land Rights
Abstract

The Binding Sale and Purchase Agreement is a preliminary agreement used in land sales in Indonesia. However, its status often raises legal issues, especially in cases of default or abuse of circumstances. This article aims to analyze the status of binding sales agreements in civil law, explain the concept of abuse of circumstances in the context of land agreements, and examine the differences between binding sales agreements in cases of breach of contract and illegal acts. The method used is normative legal research with a descriptive-analytical approach, based on literature reviews, court decisions, and contract law doctrines. The findings indicate that the Sales and Purchase Binding Agreement serves as an initial guarantee of legal certainty but is prone to disputes if the subjective conditions of the agreement are not fulfilled. Abuse of circumstances may serve as grounds for contract cancellation even if stipulated in a notarial deed. Furthermore, disputes arising from Sales and Purchase Agreements often fall between two legal domains, namely breach of contract and unlawful acts, necessitating judges to consider the principles of consensualism, good faith, and justice in their rulings.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

<Previous Article In Volume
Next Article In Volume>
Volume Title
Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
18 November 2025
ISBN
978-2-38476-491-4
ISSN
2352-5398
DOI
10.2991/978-2-38476-491-4_32How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Isdian Anggraeny
AU  - Herlena Fatikasari
AU  - Dwi Ratna Indri Hapsari
AU  - Nur Putri Hidayah
AU  - Isdiyana Kusuma Ayu
PY  - 2025
DA  - 2025/11/18
TI  - Abuse of Circumstances in Land Sale and Purchase Binding Agreements: Between Breach of Contract and Unlawful Acts
BT  - Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
PB  - Atlantis Press
SP  - 333
EP  - 340
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-491-4_32
DO  - 10.2991/978-2-38476-491-4_32
ID  - Anggraeny2025
ER  -