Journal Indonesia Law and Policy Review (JILPR)
Vol. 7 No. 1 (2026): Journal Indonesia Law and Policy Review (JILPR), October 2026

LEGAL POSITION OF APARTMENT SALE PURCHASE BINDING AGREEMENTS IN DEVELOPER BANKRUPTCY DISPUTES SETTLEMENT IN INDONESIA

David Yuwono (Universitas Mpu Tantular)
Appe Hutauruk (Universitas Mpu Tantular)
Hotman Sinambela (Universitas Mpu Tantular)
Sendi Sanjaya (Universitas Mpu Tantular)



Article Info

Publish Date
25 Oct 2026

Abstract

The Apartment Sales and Purchase Agreement (PPJB) is a legal instrument widely used as the basis for legal relations between developers and buyers before the Sale and Purchase Deed or the transfer of rights to the apartment unit is executed. In practice, problems arise when developers are declared bankrupt, creating uncertainty regarding the legal standing of the PPJB and legal protection for buyers who have fulfilled their obligations. This study aims to analyze the legal standing of the apartment PPJB in resolving developer bankruptcy disputes and examine the judge’s legal considerations in providing protection to buyers based on the provisions of Indonesian positive law. This study is a normative legal study using statutory, conceptual, and case approaches. The analysis was conducted on laws and regulations, court decisions, and various relevant literature. The results of the study indicate that the PPJB is a valid agreement and binds the parties based on the principle of pacta sunt servanda. However, in bankruptcy cases, the buyer’s position under the PPJB still faces legal uncertainty due to the conflict between contract law, land law, and bankruptcy law. Therefore, it is necessary to harmonize regulations and ensure consistency in the judges’ considerations to ensure legal certainty, justice, and legal protection for apartment buyers in good faith.

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Journal Info

Abbrev

jirpl

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal Indonesia Law and Policy Review (JILPR) is an international, peer-reviewed journal publishing articles on all aspects of LAW, POLICY REVIEW and SOCIAL SCIENCES. Journal Indonesia Law and Policy Review (JILPR) welcomes submissions of the following article types: (1) Papers: reports of ...