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All Journal El-Usrah: Jurnal Hukum Keluarga Jurnal Al-Hikmah International Journal of Community Service Jurnal Minfo Polgan (JMP) International Journal of Science and Environment Journal Liaison Academia and Society Innovative: Journal Of Social Science Research
Hayati, Winta
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Journal : International Journal of Science and Environment

 1 
Legal Analysis of Default in House Building Contract Agreement Hidayati, Taufika; Hayati, Winta
International Journal of Science and Environment (IJSE) Vol. 5 No. 2 (2025): May 2025
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v5i2.152

Abstract

Building contracting is an act in which one party gives work to another party as a contractor to complete a building. Obstacles in practice in the field often occur so that there is a discrepancy in the agreement that has been agreed between the parties. To protect the parties, a building contracting agreement is needed so that there is a binding between the two parties. If one party cannot fulfill the performance (default) according to the agreed agreement, then the party who does not receive the performance from the other party can file an objection or even a lawsuit in court if no peace is reached between the parties. A contracting agreement is a reciprocal agreement between rights and obligations, in which there is an agreement between one party, namely the contractor, who binds himself to carry out the work, while the other party who contracts, binds himself to pay a predetermined price. With research that uses a normative legal approach, this study aims to determine the legal consequences of default for contractors in a house building contracting agreement.
Legal Aspects of Seller's Liability in a Sales and Purchase Agreement with an Installment Payment System Hayati, Winta; Hidayati, Taufika
International Journal of Science and Environment (IJSE) Vol. 5 No. 2 (2025): May 2025
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v5i2.154

Abstract

System Installment payment system in a sale and purchase agreement has become a common practice in modern trade transactions that require a clear legal basis for the payment of installments. modern trade transactions that require a clear legal basis to protect the rights of the parties. protect the rights of the parties. This research aims to examine the legal aspects of legal aspects of seller liability in a sale and purchase agreement with an installment payment system. installment payment system. This study elaborates on the details of civil law in installment payments, investigates the legal implications for consumers. installment payments, investigates the legal implications for consumers and sellers, and analyzes how the seller's liability can be enforced in the framework of the applicable civil law in Indonesia, particularly when there are default or dispute between the parties. The research uses the method of normative juridical method with a statutory approach and conceptual approach, analyzing various primary and secondary legal sources related to installment payment system. The results of the research show that the seller's liability in the installment payment system has a complex legal basis based on the Civil Code, especially Article 1. complex legal basis based on the Civil Code, especially Articles 1320 and 1338 which emphasize the validity of the agreement. 1338 which emphasize the validity of the agreement and the principle of good faith. LAW Consumer Protection Law strengthens this aspect of seller liability by emphasizing consumers' rights to transparent information and product quality assurance. product quality. In the event of default, the seller may be subject to sanctions in the form of compensation which includes costs, losses, and interest.
Co-Authors Armaini Ry, Agus Christian Saputra Hia, Andalan Erma, Zetria Hanafi Pasaribu, Yusuf Hartin Nst, Veny F raya Ismayani Ismayani Kamaruddin, Mohd Khairul Amri Karim, Ahmad Khomaini, Khomaini Lubis, Diana Mohd. Idris Dalimunthe Nasution, Ramadhany Novita, Rini Nurohim, Muhammad Ovami, Debby Chyntia Puad Tarigan, Syaipul Purba, Nelvitia Rambe, Saimah Setyo Nugroho, Oktavianto Taufika Hidayati Tri Reni Novita Yulkarnaini Siregar Zsazsa, Cut Sah Kha Mei