The State Role in Guaranteeing the Rights of Consumers (Apartment Buyers) to the Bankrupt Developers

Janisriwati, Sylvia (2020) The State Role in Guaranteeing the Rights of Consumers (Apartment Buyers) to the Bankrupt Developers. Journal of Critical Reviews, 7 (18). pp. 4409-4420. ISSN 2394-5125

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Abstract

This research purpose is to reveal the state role in guaranteeing the rights of consumers who buy apartments / housing to certificates guaranteed by the bankrupt developer. The research method used in this research is normative juridical or doctrinal research, which is research conducted by analyzing legal norms established by the competent institution. While, the approach used is the statute approach and the conceptual approach. The sources of legal materials in this study consist of primary and secondary legal materials. The results of this study indicate that the role of the state in guaranteeing the rights of consumers of apartment (housing buyers) to certificates guaranteed by the bankruptcy developer provides legal protection through legal tools (instruments) through state organs and apparatus in accordance with their respective duties and authorities. Purchasing an apartment / housing with a certificate guaranteed by the developer is a big risk for consumers because they will lose some of their rights. However, the responsibility of the developer does not just disappear, even though it is declared bankrupt by the court. The imposition of responsibility on the developer / developer still exists both from a civil and criminal perspective. Developers are still burdened with absolute responsibility (strict liability) to provide compensation to buyers / consumers according to the level of losses suffered. A bankruptcy statement on a court decision that has permanent legal force to the debtor (developer) does not obstruct his obligation to resolve the certificate problem guaranteed by the developer. Therefore, legally the developer still has the legal responsibility to continue the PPJB although the curator and supervisory judge have settled it. The existence of Article 34 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Liability which has provided restrictions not to carry out something that has been agreed upon prior to the pronouncement of the bankruptcy declaration can be distracted because it is considered to injure legal justice for buyers / consumers, so it becomes the judge's duty to explore and understand the values of law and a sense of justice that live in society to make legal discoveries and reforms (mujtahij and mujaddid), because a good law is the law that is in accordance with the values of community life and has benefits for society.

Item Type: Article
Uncontrolled Keywords: Role, State, Consumer, Apartment, Developer, Bankruptcy
Subjects: H Social Sciences > H Social Sciences (General)
K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Eko Setiawan 194014
Date Deposited: 09 Apr 2021 06:35
Last Modified: 09 Apr 2021 06:45
URI: http://repository.ubaya.ac.id/id/eprint/39214

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