Custodia: Journal of Legal, Political, and Humanistic Inquiry
Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry

Perlindungan Hukum Bagi Pembeli Terhadap Objek Jual Beli Tanah dan Bangunan yang Belum Dilakukan Penyerahannya (Levering)

Dodi Sudirman (Universitas Jayabaya)
Furcony Putri Syakura (Universitas Jayabaya)
Rielly Lontoh (Universitas Jayabaya)



Article Info

Publish Date
11 Sep 2026

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.

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Journal Info

Abbrev

custodia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Custodia: Journal of Legal, Political, and Humanistic Inquiry is a peer-reviewed academic journal that focuses on the dissemination of high-quality research in the fields of law, politics, and humanities. It serves as an open platform for scholars, researchers, practitioners, and students to publish ...