Wanprestasi Pihak Pengembang dalam Jual Beli Tanah dengan Pembayaran Tunai Bertahap Berdasarkan Bukti Kwitansi (Studi Putusan Nomor 160/Pdt.G/2021/PN Mdn)

Abstract

Transactions between housing developers and buyers are sometimes carried out through installment payments based on a mutually agreed schedule and amount, with only a receipt as proof of payment. In practice, this installment- based sale and purchase model often leads to various legal issues and disputes, particularly due to breaches of contract (wanprestasi), which may cause losses to either the seller or the buyer. A notable example of such a breach is reflected in Decision No. 160/Pdt.G/2021/PN Mdn, where the housing developer failed to deliver the certificate of ownership and to execute a deed of sale and purchase for the buyer who had completed full payment. This thesis aims to address three main issues: (1) the mechanism of land sale with installment payments: (2) the legal protection available to buyers in cases of breach of contract regarding land sales based solely on payment receipts; and (3) the legal analysis of judicial considerations and rulings in breach of contract cases involving installment- based land sales, particularly as seen in Decision No. 160/Pdt.G/2021/PN Mdn. This thesis employs a normative juridical research method, focusing on a systematic analysis of legal issues in land lot transactions conducted merely with payment receipts and the resulting breach of contract in the aforementioned court decision. The research is descriptive in nature and utilizes a statutory approach and case study approach by examining legal norms in legislation and judicial decisions. The findings indicate that the mechanism for land purchase through installment payments involves purchasing plots of land and/or houses in full, but paid in stages, typically within a short timeframe-ranging from a minimum of 6 months to a maximum of 36 months-without interest. Legal protection for buyers in such cases of breach can be both preventive and repressive. The court's consideration and ruling in Decision No. 160/Pdt. G/2021/PN Mdn were based on payment receipt evidence presented by the plaintiff during the trial.