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KKM
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| Judul | : |
TINJAUAN YURIDIS TERHADAP WANPRESTASI DALAM PERJANJIAN JUAL BELI APARTEMEN (Studi Putusan Pengadilan Negeri Nomor 43/Pdt.G/2023/PN Kwg)
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| Subjek | : |
Contracts
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| Pengarang | : |
Dianing Sekar Mayang
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| Pembimbing | : |
Nur Wakhid,
Anggitariani Rayi Larasati Siswanta
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2025
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| Call Number | : |
346.022 MAY t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Creditors can file a lawsuit in court to resolve debtor who is in default in an
apartment sale and purchase agreement, but the Panel of Judges often lacks clear
considerations regarding default elements, resulting in less legal certainty,
outlined in District Court Decision Number 43/Pdt.G/2023/PN Kwg. This study
investigates the legal considerations of a judge regarding a developer's default
and its settlement. Using a normative juridical approach, utilizing statutory, case
approaches and conceptual, the study uses a descriptive-analytical research
specification with secondary data, collected through library research, processed
through reduction, editing, and classification, and presented in a descriptive
manner with qualitative normative analysis. The results show that although the
panel of judges did not provide detailed reasoning on the elements of default, they
are correctly ruled that the defendant was in default, as they fulfilled the elements
of the contract, including an agreement requiring the defendant to pay a fine of
Rp59,840,808, despite a warning. The plaintiff has the right to file a claim for
compensation, including material losses of Rp59,840,808 and immaterial losses of
Rp109,840,808. Defendant being sentenced to pay Rp59,840,808 and court costs
of Rp216,000.
Keywords: Apartment, Sale and Purchase Agreement, Default.
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