iajlIAJLIAJL2709-9490https://doi.org/10.47310/iajl.2021.v02i02.006Position of Buying Binding Agreements Used to Bind Guarantee of Land Rights in Debt Receivables Reviewed Based on the Principle of ProportionalityEvianaPutriAnggrainiSurajiPujiyonoThe purpose of this paper is to examine and analyze the position of the Sale and Purchase Binding Agreement which is used to bind land rights guarantees in accounts payable based on the principle of proportionality. This research is a normative legal research with secondary data from primary legal materials and secondary legal materials related to research. The results of this study are the binding of debt guarantees in the form of land rights with the Sale and Purchase Binding Agreement has deviated from the provisions in Article 1 number 1 of Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects related to Land or what is often called Law - Mortgage Law, which states that the guarantee imposed on land rights is carried out with Mortgage Rights. Based on the provisions of the legal terms of the agreement in Article 1320 of the Civil Code, it does not meet the objective requirements, namely because of a prohibited cause. This is because the agreement has been made for a false or forbidden cause, namely the Sale and Purchase Binding Agreement made by the debtor and creditor based on a debt agreement not because it will sell and buy land. In addition, the implementation of the agreement is also not in accordance with the principle of proportionality. The Sale and Purchase Binding Agreement made by the debtor and creditor does not provide equal opportunities and opportunities for the parties to determine a fair exchange for them. The creditor as the buyer buys the land according to the price he has determined and the debtor as the seller is in a weak position because he has debts to the creditor cannot claim the actual price of the land. Thus there is no freedom for the parties to determine the substance in this case determining the fair selling value of land for the parties which can cause losses to the debtor.