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All Journal Custodia: Journal of Legal, Political, and Humanistic Inquiry
Dodi Sudirman
Universitas Jayabaya
Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Bagi Pembeli Terhadap Objek Jual Beli Tanah dan Bangunan yang Belum Dilakukan Penyerahannya (Levering) Dodi Sudirman; Furcony Putri Syakura; Rielly Lontoh
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/v0wd7546

Abstract

The sale and purchase of land and buildings between individuals constitutes a civil law transaction that frequently gives rise to disputes when the buyer has fully paid the purchase price, but the transfer (levering) has not yet been completed. This study analyzes the legal consequences arising from sale and purchase objects that have not been transferred and the legal protection available to buyers. This study employs a normative juridical method using primary, secondary, and tertiary legal materials through statutory, conceptual, case, and analytical approaches. The analysis is based on R. Soeroso’s Theory of Legal Consequences and Satjipto Rahardjo’s Theory of Legal Protection. The findings indicate that the absence of physical levering places the transaction object in a state of legal vulnerability due to the potential for double sale, attachment by the seller’s creditors, and the risk of physical damage caused by force majeure. Preventive protection may be provided by strengthening self-executing contractual clauses, utilizing escrow accounts administered by Notaries/Land Deed Officials (PPAT), and executing a House Vacating Agreement simultaneously with the Deed of Sale and Purchase. An examination of three court decisions demonstrates that judges comprehensively assess the substance of legal relationships, consistency of evidence, transaction chronology, and conduct of the parties. Repressive protection is provided through progressive judicial decisions that prioritize the buyer’s good faith and reject formalism used to conceal legal deception.
Co-Authors Rielly Lontoh Syakura, Furcony Putri