Analisis Akibat Hukum terhadap Pembeli Unit Apartemen yang Hak dan Kewajibannya Tidak Dituangkan dalam Akta Notaris (Studi Putusan Mahkamah Agung RI Nomor 323 K/Pdt/2021)

Abstract

Apartments have become a popular alternative for housing and can be acquired through transactions such as sales and purchases. This process often involves initial reservations or pre-orders that are then formalized into preliminary agreements or sales and purchase agreements, known as Sale and Purchase Binding Agreements (PPJB), which serve to protect the interests of the parties involved. Prospective buyers typically gather various information about the apartment, including pricing, payment procedures and responsibilities of both the buyer and the seller before making a purchase. This thesis addresses the following issues: How is legal protection provided to buyers whose rights and obligations are not secured in a Sale and Purchase Binding Agreement notarized by a notary? What are the implications of apartment unit sales agreements that are not notarized? How are disputes between buyers and developers resolved in the context of the Supreme Court of Indonesia Decision No. 323 KPd/2021

The research employs a normative juridical approach with descriptive analytical characteristics, aiming to depict a situation or phenomenon and to determine whether there is a relationship between different phenomena. Data collection techniques include document study

The findings and discussion reveal that legal protection for buyers whose rights and obligations are not secured in a notarized PPJB is preventive Such agreements can serve as a form of legal protection, albeit with weaker evidentiary strength. Non-notarized sales agreements for apartment units result in uncertainty for both developers and buyers. Their legal strength is limited compared to authentic deeds created by notaries The legal resolution of disputes in apartment unit sales transactions, as seen in the Supreme Court Decision No. 323 K/Pdt/2021, involves compensation for costs, losses, and interest, as regulated by Law No. 8 of 1999 on Consumer Protection and Law No. 20 of 2011 on Apartments. The author agrees with the judge's decision, as the non-notarized apartment sales agreements, specifically reservation agreements, legally bind the parties involved, thus the developer's delay in delivering the apartment unit constitutes a breach of contract.