Warranty Liability for Residential Defects at Meugah Property

A Sale Contract and Khiyār Analysis

Abstract

This article examines warranty liability for post-handover residential defects at Meugah Property through the perspectives of Islamic sale contracts, khiyār, and Indonesian consumer protection law. The study employs a qualitative socio-legal case-study approach based on interviews with the developer, homeowners, and a construction worker, supported by doctrinal analysis of sale-contract principles and consumer remedies. The findings show that Meugah Property provides a repair warranty of approximately three to six months, but the warranty is predominantly communicated orally and is not set out with sufficient detail in the written sale agreement. Homeowners reported defects including cracked walls, detached floor tiles, damaged ceilings, and rainwater seepage. Where defects arise during the warranty period, responsibility is channelled back to the developer because the original builder’s construction engagement has already ended. This arrangement creates evidentiary uncertainty over the scope, duration, covered defects, materials, and repair obligations. The article argues that the central legal problem is not merely the calculation of physical loss but the absence of a sufficiently documented defect-liability mechanism. From an Islamic commercial-law perspective, the principles of khiyār, disclosure, consent, and avoidance of harm support a written warranty clause that clearly defines latent and visible defects, the repair period, inspection procedure, allocation of labour and material costs, and available remedies. The study concludes that formalizing these terms would strengthen consumer protection and reduce disputes while preserving the validity and fairness of the underlying sale.