ANALISIS YURIDIS SOSIOLOGIS TERHADAP TANGGUNG JAWAB DEVELOPER WANPRESTASI DALAM PERJANJIAN JUAL BELI RUMAH KEPADA KONSUMEN (STUDI KASUS PADA PT. XXXX)

The research aims to analyze the legal responsibility of the developer for
defaults in the sale and purchase agreement of houses to consumers, with a case
study on PT. XXXX which is located in South Kalimantan. The research method
used is a sociological juridical approach with qualitative data analysis. The
results of the study show that defaults committed by developers include various
forms of negligence such as delays in the installation of basic facilities, as well as
deviations from the specifications promised in the contract. The main causes of
default come from weak implementation of the principle of good faith, as well as
internal obstacles such as lack of managerial readiness, unbalanced project
workload, and weak coordination between company divisions. Dispute resolution
taken by the developer is carried out through non-litigation channels, namely by
offering compensation to consumers, renegotiating, and redrafting more realistic
agreements with consumers. Legal accountability carried out by developers has
not been able to strengthen protection for consumers. It is necessary to make a
comprehensive improvement in the project management system, improve the
quality of human resources, and strengthen internal supervision mechanisms.
Based on the researcher, it is suggested that housing-related organizations
participate in supervising the implementation of the housing project of PT. XXXX,
especially in the subsidized housing sector, by strengthening regulations and
establishing effective supervisory institutions to ensure justice and legal
protection for consumers.