KONSTRUKSI HUKUM HAPUSNYA PERIKATAN DALAM SENGKETA PROPERTI ANTARA PEMBELI, PENGEMBANG, DAN KREDITUR BANK

Abstract

This study examines the legal construction of the extinction of obligations in property disputes involving buyers, developers, and banking creditors within the framework of Indonesian civil law. The primary issue arises when a property object that has been sold under a Sale and Purchase Binding Agreement (PPJB) and fully paid by the buyer is still used as collateral by the developer in favor of a bank under a security right mechanism. This research focuses on three intersecting legal relationships: the contractual relationship between the buyer and the developer, the debtor-creditor relationship between the developer and the bank, and the indirect legal relationship between the buyer and the bank, which creates a conflict between proprietary rights and contractual rights. In this context, the developer’s failure to transfer the certificate and continued encumbrance of the property constitutes a breach of contract. The findings indicate that under certain conditions, the extinction of obligations between the debtor and creditor (developer and bank) leads to the termination of the mortgage right, thereby eliminating any legal barrier to the fulfillment of the buyer’s rights. Consequently, a buyer who has fully performed their obligations in good faith must be granted legal protection, even if the land title remains administratively under the developer’s name. This study concludes that in conflicts between proprietary rights and contractual rights, Indonesian civil law tends to prioritize the protection of bona fide purchasers as a reflection of substantive justice and legal certainty in property transactions.