Land dispute cases in Bali in general, as far as the author's observation, who is an advocate in Bali, generally occur between individuals or individuals and groups/legal entities.
This conflict or dispute theoretically can be resolved by a legal approach (lawsuit in court) and administrative measures, namely the settlement at the Land Office (BPN).
The land office when it finds a land conflict involving individuals or groups in Bali will generally take mediation efforts first to discuss the chronology of the case, proof of ownership, submit an application, which ends with whether peace occurs, so that the conflict can be resolved without legal action in court.
Advocate writers in Bali have observed that recently the cases handled by advocate writers in Bali are land cases involving developers.
As an example of the case that the author is trying to describe at a glance, there is a developer (developer) when conducting a land sale and purchase transaction with a land owner in Bali generally making an agreement which is usually called a PPJB (Sales and Purchase Binding Agreement), in which payments are usually made in stages, initially advance payment/signature payment, stage II payment, stage III and so on.
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The date of the down payment/signature payment is usually the same as the date of issuance of the PPJB deed (Sales and Purchase Agreement) by a Notary.
If the developer does not make payments on time in the Notary Deed, each party is usually given the opportunity, both the developer (developer) and the land owner, to hold a meeting to conduct family deliberation.
If the deliberation between the parties does not find a way out, usually in the notarial deed it is stated that the sale and purchase is considered void and the funds/money that have been paid are considered forfeited or there is also a stipulation that 50% of the funds will be returned.
The problem usually occurs when one of the parties who feel aggrieved demands the issuance of a Deed of Cancellation by a Notary due to an action that is considered a breach of contract (breach of promise) which in this case was carried out by the developer (developer), but the cancellation was not approved by the developer (developer). ), because the Developer (developer) feels also disadvantaged if it is unilaterally canceled.
So usually when the Developer appoints an Advocate as his proxy, the Advocate will carry out negotiations and mediation with the Land Owner first, which can be done at the Notary's Office.
If negotiations and mediation fail, the Notary will still issue the cancellation deed without the developer's approval, then the Advocate can take a civil lawsuit in Court for the cancellation of the Sale and Purchase Cancellation Deed issued by the Notary.
Although legal remedies at trial are quite time-consuming and costly, the Court's Decision can create legal certainty for the parties.
In practice, during the trial, the developer, through his attorney, may reveal the facts of the trial that the land owner also played an active role which resulted in non-payment or the land owner also with bad ethics made efforts to sabotage the disputed land, plus the developer. (the developer) can prove that the issuance of the Deed of Cancellation of Sale and Purchase issued by the Notary is legally flawed both materially and formally, this could be the basis for the developer to win the case.