Akibat Hukum Wanprestasi Pengembang (Developer) pada Perjanjian Bangun bagi (Studi Putusan Nomor 39/Pdt.G/2016/Pn Tpg)

Abstract

The implementation of joint development agreements is often carried out by developers and landowners. Joint development agreements, like other agreements, face challenges in their implementation process. Common issues arising in joint development agreement implementations include discrepancies between the actual development results and the agreed terms, as well as susceptibility to various risks and breaches of contract, governed by Article 1243 of the Civil Code. This research aims to analyze the regulation of breach of contract in civil law according to the Civil Code, analyze the legal consequences of developer breach of contract in joint development agreements based on decision number 39/Pdt.G/2016/PN Tpg regarding joint development agreements. The research method used is normative juridical, descriptive alalysis with literature study data collection technique. The focal issue concerns the Legal Consequences of Developer Breach ofContract in Fulfilling Obligations in Joint Development Agreements (Study of Decision Number 39/Pdt.G/2016/PN Tpg). Based on the research findings, a breach of contract (Article 1243 Civil Code) entails consequences leading to the right of the aggrieved party to demand compensation from the breaching party, thus it is expected by law that no party is disadvantaged due to such breach, and the failure to fulfill obligations resulting from negligence or as a consequence of circumstances and conditions with risks borne by the debtor. The use of legal certainty, justice, and utility theories regarding the legal consequences of developer breach of contract in fulfilling obligations in joint development agreements in decision number 39/Pdt.G/2016/PN Tpg to avoid land disputes in agreements made by developers with consumers, as good faith is required and fulfilling obligations provides rights and obligations fulfilled for both developers and consumers is this case in the Tanjung Pinang District Court decision number 39/Pdt.G/2016/PN Tpg, and the legal consequences of non-performance of obligations require parties to compensate for the losses suffered by the other party to provide legal certainty and fairness ro the aggrieved party. The consequences arising from joint development and landowners, as regulated in Article 1338 of the Civil Code concerning the principle of freedom to contract.