Developer's Legal Responsibility Toconsumers in House Sale and Purchase Transactions (Study of Decision Number 161/Pdt.G/2021/PN Pdg)

Abstract

This research is motivated by the developer's failure to fulfill its obligation to construct and deliver a house despite the consumer having made the required payment, as reflected in Decision Number 161/Pdt.G/2021/PN Pdg. This research aims to analyze the developer's legal liability, the judge's legal considerations in qualifying the developer's actions as an unlawful act, and the appropriate form of notarial deed to prevent disputes in house sale and purchase transactions. This study employs normative legal research using statutory, case, conceptual, and analytical approaches. Legal materials were analyzed qualitatively using a prescriptive method. The results show that the developer is legally liable for consumer losses under Article 1365 of the Indonesian Civil Code, the Consumer Protection Law, and the Housing and Residential Areas Law. The judge qualified the developer's actions as an unlawful act because the developer had received payment but failed to construct and deliver the house and did not return the consumer's funds. Similar disputes can be prevented through a Sale and Purchase Binding Agreement (PPJB) executed as a notarial deed containing provisions on the rights and obligations of the parties, construction schedule, refund mechanism, sanctions, and dispute resolution.