Defendant I (PT Jondul Jaya Sakti) as the Developer, knows for sure that the house in Block C/No. 16 in Kuantan Jaya, Pekanbaru was built on a green line land and violates the watershed line. This is a “hidden defect” that the Plaintiff (Buyer) is not aware of, but the Developer still sells it to the Buyer. This Developer’s action is an Unlawful Act that is detrimental to the Buyer, therefore the Sale and Purchase of the Disputed House must be annulled. To be fair, the Buyer returns the house empty after the Developer has paid IDR 29,420,000 to the Buyer. And the House Sale and Purchase Deed made by PPAT and the Building Rights Certificate are declared null and void.
Supreme Court Decision No. 2186 K/Pdt/1999 dated January 2, 2003
Regards,
Fredrik J. Pinakunary