PERSPEKTIF UNDANG-UNDANG NOMOR 1 TAHUN 2011 TENTANG PERUMAHAN DAN KAWASAN PERMUKIMAN TERHADAP PERLINDUNGAN HAK KONSUMEN DALAM JUAL BELI PERUMAHAN
Abstract: A mismatch between
the administrative documents or the physical characteristics of a property
offered in a contract and the actual conditions received by the client becomes
an important problem in a property business. The property, which is the object
of an agreement, should be in line with the legal aspects required by the
legislation. The purpose of this study is to understand the legal condition of
registering a property as the object of an agreement, by using consumer protection
law in relation to property sales (i.e., Legislative Decree number 1 of 2011)
as the perspectives. This study used normative legal framework based on Law and
concept approaches as its research method. Several primary laws were collected
and analyzed by a qualitative descriptive method. This study found that a
property could be included as the object of an agreement if it fulfills the
terms and conditions written in the Article 42 Clause 1 of Legislative Decree
number 1 of 2011 on Real Estate and Residential Areas. Furthermore, a property
can be an object of sales agreement if they meet several criteria written in
the State Minister of Community Estate Decree’s number 09/KPTS/M/1995, with the
date of issuance on 23 June 1995, about the sale and purchase of a property. It
can be argued that the Legislative Decree number 1 of 2011 on Real Estate and
Residential Areas might not offer a comprehensive protection to the consumer
rights, and subsequently inflict physical and mental harm to the consumers.
Penulis: Ni Ketut Dewi
Megawati
Kode Jurnal: jphukumdd160360