Analisis Yuridis Penerapan Asas Kebebasan Berkontrak Dalam Perjanjian Jual Beli Tanah Perspektif Hukum Perdata

Abstrak

This research discusses the application of the principle of freedom of contract in land sale and purchase agreements from a civil law perspective. This research uses an empirical legal research method with an empirical juridical approach to examine legal and social phenomena related to land acquisition for the public interest. Thus, this research aims to understand the legal process and social realities that occur in society related to land acquisition. The results show that the land sale and purchase agreement must fulfill the legal requirements of the agreement, such as agreement, capacity, specific object, and halal cause. The principle of freedom of contract is an important principle in the implementation of agreements, but it is not absolute and is limited by legal provisions to ensure justice and order. This restriction aims to protect weak parties and prevent abuse, as well as create a balance of rights and obligations in land sale and purchase agreements. Therefore, freedom of contract must be exercised responsibly with due regard to the norms of law, decency and propriety.