Question
Mr. Bobo with Mr. Smear between the two of them entered into a sales agreement buy a plot of land with a value of Rp.
Mr. Bobo with Mr. Smear between the two of them entered into a sales agreement
buy a plot of land with a value of Rp. 5 billion and has been paid in advance of Rp.
500 million. The sale and purchase agreement was signed before a notary and poured
in the Deed of Sale and Purchase Binding Agreement.
In the Deed of Sale and Purchase Binding Agreement, the following matters are regulated:
Mr. Coreng is obliged to take care of the issuance of the land certificate, so that it becomes the name of Mr
Mr. Bobo, in which the certificate processing time will be completed no later than 120 days
calendar from the receipt of the down payment.
If there is a delay in the completion of the certificate, Mr. Coreng will
subject to fines and compensation that must be paid to Mr. Bobo in the amount of Rp. 2 million per
days of delay and if the delay exceeds 14 calendar days, then the sale agreement
purchase is canceled and Mr. Coreng is obliged to return all payments that have been made
received from Mr. Bobo along with the fine and compensation.
It turned out that after 120 calendar days, the certificate could not be issued, because apparently
There is a certificate on the land, which was previously sold by Mr. Coreng
to Mr. Bookworm, so it is impossible and can no longer be traded by Mr
Shame on Mr. Bobo.
Therefore, Mr. Bobo sued Mr. Coreng and demanded the cancellation of the sale agreement
buy and refund the money that has been paid with compensation. The petition contains:
Primary :
1. Request that the lawsuit be granted in its entirety.
2. Request that the defendant be sentenced to pay court fees.
Subsidiary : ask for a fair decision.
Question:
1. If you pay attention, the formulation of the primary petitum is incorrect. Why say
that the formulation is not correct? Give your argument.
2. If you are the legal advisor, then make a primary petitum formula that
should be from the case.
3. Give your argument, why it is necessary to include a subsidiary petitum in a
lawsuit?
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