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All Journal Al-MIKRAJ: Jurnal studi Islam dan Humaniora
Reza Azurma
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Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Akibat Hukum Wanprestasi Dalam Perjanjian Jual Beli Tanah Dan Implikasinya Terhadap Konsumen Selaku Pihak Ketiga Reza Azurma; Duwi Handoko
AL-MIKRAJ Jurnal Studi Islam dan Humaniora Vol. 5 No. 2 (2025): Al-Mikraj, Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v5i2.7292

Abstract

This article examines the legal consequences of default (wanprestasi) in land sale and purchase agreements and its implications for consumers as third parties. Using a normative and case-based approach, this study analyzes judicial decisions from the District Court of Depok (No. 55/Pdt.G/2022/PN Dpk), the Bandung High Court (No. 204/PDT/2023/PT BDG), and the Supreme Court (No. 2134 K/Pdt/2024). The case demonstrates the complexity of legal relations between the landowner, initial buyer, and end-consumers (such as housing unit buyers), who are affected by the annulment of sale agreements. The analysis reveals that the initial buyer’s default, including failure to pay and use of empty checks, led the courts to invalidate the agreement and return the land title to the seller. Third parties such as notaries, the National Land Agency, and consumers are placed in legally vulnerable positions. The study emphasizes the necessity of preventive legal safeguards, including due diligence, explicit contractual clauses, and clear third-party liability management in land sale chains.
Rekontruksi Paradigma Jual Beli Dalam Hukum Islam Era Kontemporer Lidiya Putri; Reza Azurma; Putri Dwi Yulisa; Nurainun
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol. 6 No. 1: Al-Mikraj, Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v6i1.8844

Abstract

The Qur'an was revealed to be understood and put into practice, its presence is a solution for humans. Some of the verses are quite clear, but some still require explanation, both in terms of buying and selling in business ethics. The concept of buying and selling in Islamic law is a subject of discussion among fiqh scholars who always have different opinions regarding how to deal with it. In this case the author tries to explore the concept of buying and selling transactions in Islamic law both explicitly and implicitly in the broad sense of buying and selling, along with explaining its implementation and extending it to contemporary interpretations which include the characteristics and paradigms that surround it. With the aim of outlining an idea for building or reconstructing paradigms in the current contemporary era due to developments over time.
Co-Authors Duwi Handoko Lidiya Putri Nurainun Putri Dwi Yulisa