Abstrak :
This research was conducted against the Decision of the Cibinong District Court Number
57/Pdt.G/2021/PN.Cbi regarding a lawsuit against the law in buying and selling a villa
due to misdirection through marketing media, namely mockups. This study aims to
analyze the legal considerations of judges in qualifying the elements/criteria of unlawful
acts and to analyze the legal considerations of judges in determining compensation in the
implementation of the villa sale and purchase agreement. This study uses a normative
juridical method with analytic, secondary data sources with the presentation method in
the form of narrative text and arranged systematically. The analytical method used is
normative qualitative.
The results of the study show that the consideration of the panel of judges stating that the
Defendant concealed/misled information during the marketing of the villa was an
unlawful act because it conflicted with the rights of other people. According to the author,
the Defendant's actions were unlawful because they conflicted with the rights of other
people and contradicted his own legal obligations, namely violating the provisions of
Article 1491 of the Civil Code and violating his obligations as a seller in Article 7 point
1 and 2 of Law Number 8 of 1999 concerning Consumer Protection. The consideration
of the panel of judges in determining the compensation in this decision is correct because
its fulfill article 1365 civil code and the compensation that is granted is in the form of
interest which is in accordance with the Jurisprudence of the Supreme Court of the
Republic of Indonesia No. 1076 K/Pdt/1996 dated 6 March 2000.
Keywords: Unlawful Act, , Buying and Selling, Fraud
|
