PENYELESAIAN WANPRESTASI DALAM PEJANJIAN JUAL BELI PERUMAHAN ANTARA PENJUAL PT. CAHAYA MERANTI INTERNASIONAL (CMI) DENGAN PEMBELI DI KE KEPULAUAN MERANTI

Abstract

Non-perfomance of contract is a condition where one or both parties bound in an agreement
not carrying out obligations or achievements according to what is written in the agreement
that has been agreed upon. In this case, the seller or the housing developer named PT.
Cahaya Meranti Internasional (CMI), committed a Non-perfomance of contract against the
buyer (member of the Meranti Islands community). In this case, the seller does not return the
funds deposited to them, while based on the agreement the funds deposited by the buyer
should be returned up to 100% excluding administrative fees if the mortgage application
submitted is rejected by the bank. This study aims to determine the Implementation of the
Housing Purchase Agreement between the Seller and the Buyer and to find out the legal

remedies for the Housing Buyer in Requesting a Refund Against the Seller who Admitted Non-
perfomance of contract.

The type of research used by the writer is sociological research where the writer
directly conducts research at the location or place under study to provide a complete and
clear picture of case. The population and sample in this study are Marketing Supervisors at
PT. CMI and Housing Buyers in the Meranti Islands.
The results of the analysis in this study show that the implementation of the housing
buy and purchase agreement between the seller and the buyer is not carried out properly in

accordance with the agreement. The failure in following the agreement was caused by Non-
perfomance of contract comitted by the seller, in which case the seller should return the funds

that have been deposited in full if the buyer submits a cancellation, if the reason for the
cancellation is due to a refusal of credit from the Bank. Until now, the seller has not fulfilled
its obligation in returning the initial deposit from the buyer, which has resulted significant
losses experienced by the buyer. As a solution, the buyer have used legal efforts in form of
the dispute resolution method outside the court for requesting a refund from the seller, PT.
CMI, who admitted the Non-perfomance of contract. Moreover, the buyer has made efforts to
negotiate with the assistance and mediation from the Meranti Resort Police. However, the
seller did not carry out the results of the deliberations as they should

Keywords: Non-perfomance of contract, Sale and Purchase Agreement, Housing