Consumer Legal Protection Against Developer Defaults in Binding Agreements for the Sale and Purchase of Flats

This study discusses consumer legal protection against developer defaults in the binding agreement for the sale and purchase of flats (PPJB). The increase in housing development, especially through the pre-project selling system, often harms consumers due to uncertainty and default from developers. The research method used is a literature study, with a legal approach and a case approach. Analysis was carried out on Decision Number 91/PDT/2018/PT. Jakarta to assess the legal protection provided to consumers. The results of the study show that regulations, including Law Number 11 of 2011 concerning Flats, provide a strong legal basis for consumers to demand their rights. Consistent law enforcement in default cases creates a precedent that strengthens the position of consumers, increases public trust in the legal system, and creates a conducive environment for flats buying and selling transactions.

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Publication Details

Journal
MAQASIDI Jurnal Syariah dan Hukum
Published
2024-12-27
DOI
https://doi.org/10.47498/maqasidi.v4i2.4231
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Consumer Legal Protection Against Developer Defaults in Binding Agreements for the Sale and Purchase of Flats

Dona Budi Kharisma, Suraji Suraji, Faizzah Rabiatun Ramadani
MAQASIDI Jurnal Syariah dan Hukum
European and International Contract Law
article

Consumer Legal Protection Against Developer Defaults in Binding Agreements for the Sale and Purchase of Flats

Dona Budi Kharisma, Suraji Suraji, Faizzah Rabiatun Ramadani
article en

Abstract

This study discusses consumer legal protection against developer defaults in the binding agreement for the sale and purchase of flats (PPJB). The increase in housing development, especially through the pre-project selling system, often harms consumers due to uncertainty and default from developers. The research method used is a literature study, with a legal approach and a case approach. Analysis was carried out on Decision Number 91/PDT/2018/PT. Jakarta to assess the legal protection provided to consumers. The results of the study show that regulations, including Law Number 11 of 2011 concerning Flats, provide a strong legal basis for consumers to demand their rights. Consistent law enforcement in default cases creates a precedent that strengthens the position of consumers, increases public trust in the legal system, and creates a conducive environment for flats buying and selling transactions.

MAQASIDI Jurnal Syariah dan Hukum
Sebelas Maret University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 53%
European and International Contract Law
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