Implementation of the Provisions the Inclusion of an Exoneration Clause for the Sale and Purchase of Houses in Property Companies in Mataram City

This research is to explain and analyze the arrangement and implementation of exoneration clauses in house sale and purchase agreements at property companies in Mataram City and analyze the legal consequences of the inclusion of exoneration clauses in the sale and purchase of houses at developers in Mataram City. The type of research used is normative legal research using statutory and conceptual approach methods. The sources of legal materials used are primary legal materials and secondary legal materials. The legal material collection technique used is document study. Data analysis in this research is prescriptive. The exoneration clause in the house sale and purchase agreement by the developer PT Varindo Lombok Inti and PT Alam Asri Properti in Mataram City regulates the transfer of responsibility in the agreement. PT Varindo Lombok Inti includes an exemption clause related to payments and fines, while PT Alam Asri Properti regulates unilateral cancellation by the developer. Based on Article 18 paragraph (1) letter c of the GCPL Law, the exoneration clause that exempts the developer from the obligation to return the money is contrary to the law, so that the agreement can be null and void in accordance with Article 1320 of the Civil Code concerning the requirement of a legal causa.

Authors

Publication Details

Journal
International Journal of Judicial Law
Published
2025-01-01
DOI
https://doi.org/10.54660/ijjl.2025.4.3.32-41
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Implementation of the Provisions the Inclusion of an Exoneration Clause for the Sale and Purchase of Houses in Property Companies in Mataram City

Eduardus Bayo Sili, Ricky Aditya Supratman
International Journal of Judicial Law
Legal Studies and Policies
article

Implementation of the Provisions the Inclusion of an Exoneration Clause for the Sale and Purchase of Houses in Property Companies in Mataram City

Eduardus Bayo Sili, Ricky Aditya Supratman
article en

Abstract

This research is to explain and analyze the arrangement and implementation of exoneration clauses in house sale and purchase agreements at property companies in Mataram City and analyze the legal consequences of the inclusion of exoneration clauses in the sale and purchase of houses at developers in Mataram City. The type of research used is normative legal research using statutory and conceptual approach methods. The sources of legal materials used are primary legal materials and secondary legal materials. The legal material collection technique used is document study. Data analysis in this research is prescriptive. The exoneration clause in the house sale and purchase agreement by the developer PT Varindo Lombok Inti and PT Alam Asri Properti in Mataram City regulates the transfer of responsibility in the agreement. PT Varindo Lombok Inti includes an exemption clause related to payments and fines, while PT Alam Asri Properti regulates unilateral cancellation by the developer. Based on Article 18 paragraph (1) letter c of the GCPL Law, the exoneration clause that exempts the developer from the obligation to return the money is contrary to the law, so that the agreement can be null and void in accordance with Article 1320 of the Civil Code concerning the requirement of a legal causa.

International Journal of Judicial LawVol. 4(3)
Openalex Percentile: Top 81%
Legal Studies and Policies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.