Pelindungan Hukum Bagi Konsumen terhadap Wanprestasi Developer Property Atas Transparansi Informasi Dalam Perjanjian Pengikatan Jual Beli Apartemen Secara Pre Project Selling (Studi Putusan Nomor 60/Pdt.G/2023/Pn.Ckr)

Abstract

Apartment sales with a pre-project selling system often cause legal problems, especially when the developer does not fulfill its obligations in accordance with the Sales and Purchase Binding Agreement (PPJB). One of the prominent problems is the occurrence of breach of contract due to the lack of transparency in the information provided by property developers to consumers.In line with that, this thesis discusses the regulation of information transparency in PPJB agreements for apartments sold through the pre-project selling system, how the form of legal protection available to consumers in cases of breach of contract by property developers concerning transparency in PPJB agreements under civil law, and how the legal consequences arising related to decision number 60/Pdt.G/2023/PN.Ckr on legal protection for consumers. The research method used is normative legal research method. The research was conducted using the statutory approach method and case approach. The data used is secondary data consisting of primary, secondary, tertiary legal materials obtained by literature study data collection techniques and qualitative normative data analysis methods. Based on the research results, it is known that the regulation of information transparency has been regulated in Law Number 20 of 2011 concerning Flats and Government Regulation Number 12 of 2021 concerning Amendments to Government Regulation Number 14 of 2016 concerning the Implementation of Housing and Settlement Areas. These provisions require developers to submit complete and correct information before consumers sign the PPJB. However, the lack of sanctions against violations of transparency means that this regulation has not been effective in providing maximum legal protection. Analysis of Decision Number 60/Pdt.G/2023/PN.Ckr shows that the formal juridical approach by the panel of judges has not optimally provided substantive justice for consumers. This finding shows that legal protection for consumers in pre-project selling of apartments is still not optimal, both from the normative aspects, contract implementation, and law enforcement.