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Analisis Yuridis terhadap Pelaksanaan Garansi dalam Perjanjian Jual Beli Menurut KUHPerdata

Year: 2026
Type: article
Abstract: A warranty is a promise made by a seller or business operator to guarantee the quality and functionality of a product for a specified period; however, its implementation often leads to disputes due to ambiguous terms and the weak bargaining position of the buyer. This study analyzes the legal status of warranties within sales agreements under the Indonesian Civil Code, incorporating the Consumer Protection Law as a supplementary regulatory framework. The research employs a normative legal methodology, utilizing both statutory and conceptual approaches. Data were gathered through an examination of legal regulations and relevant scholarly literature. Subsequently, the legal material was analyzed qualitatively—applying systematic and teleological interpretation—to achieve a comprehensive understanding of the legal issues at hand. The analysis reveals that a warranty stems from two sources of obligation: the agreement between the parties and statutory norms; thus, a seller’s obligations do not conclude merely upon the delivery of the goods. A failure to honor a warranty constitutes a breach of contract (wanprestasi) if the seller is found to be negligent, while liability for latent (hidden) defects remains with the seller even in the absence of an explicit warranty promise. The study finds that unilaterally drafted warranty clauses, information asymmetry, and protracted dispute resolution processes undermine buyer protection, particularly in online transactions. It concludes that the effective implementation of warranties requires the clear, written articulation of terms, more proactive oversight of standard-form contracts, and more efficient mechanisms for resolving small-value disputes.
Language: English
Subfield: Law
Open Access status: diamond
OpenAlex ID: W7225765316
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