Tanggung Jawab Developer Perumahan terhadap Konsumen dalam Mengganti Kerugian Kerusakan Rumah Akibat Terjadi Gempa (Analisis Putusan Nomor 870 k/Pdt.Sus/BPSK/2019 Tanggal 15 Oktober 2019)

Abstract

One of the cases of consumer's claims for damages against a housing developer for house damaged due to an earthquake occurs in Mataram. The conflict is settled through arbitration process through Mataram BPSK (Consumer Dispute Settlement Agency), which dissatisfied the developer with its resolution. The problems discussed in this study include how Indonesian positive law views the regulation of compensation for a purchase of house damaged due to an earthquake, the criteria that a developer uses to determine such compensation, and how the legal analysis, judicial considerations, and judge's decision on the compensation for house damaged due to earthquake based on the Decision No. 870.k/Pdt.Sus/BPSK/2019. The study uses normative juridical approach supported by secondary data. The data are analyzed by using qualitative analytical method. The results and the discussion of the study show that the compensation for consumers whose houses are damaged by natural disaster, such as earthquake, depends on the cause of the damage. If the damage results from a default, or the developer's negligence such as failing to meet promised specifications, consumers may file a claim for compensation from the developer under Article 1243 of the Indonesian Civil Code (KUHP). However, under Articles 1244 and 1245 of the Indonesian Civil Code (KUHP), developers are not liable for force majeure or events beyond their control, such as earthquake. Despite the fact that the compensation for the consumers whose house are damaged due to earthquake maybe considered somewhat unfair if there is a default or developer's negligence, as indicated in Supreme Court Decision No. 870 K/Pdt.Sus-BPSK/2019. Therefore, proving the cause of damage becomes crucial in determining the developer's responsibility to provide compensation to the consumers.