LEGAL PROTECTION OF CONSUMERS IN HOME ORDER LETTER (SPR) FROM THE DEVELOPER

Maria Francisca

Abstract


The initial process of buying a house at a developer company is carried out with a House Order Letter (SPR) and the consumer is immediately given a receipt for the purchase of a house unit. In its implementation, this SPR uses standard clause agreements which are more detrimental to consumers. In the course of this credit agreement, preceded by an SPR from the developer company, it became a thing that was detrimental to the community who had paid the receipt and was canceled unilaterally by the developer company on the grounds that the bank refused to apply for a mortgage. In this case, legal protection is needed for consumers to get a full refund of what they deposited because the unilateral cancellation has been carried out by the Developer Company. Business actors as parties who make agreements use standard clauses that tend to release, transfer or reduce their responsibilities which should be the responsibility of business actors, by violating Article 18 paragraph (4) UUPK, so that in general, consumer rights are still not protected because business actors are concerned with the fulfillment of protection for their parties against the risks they may face. The SPR agreement does not conflict with applicable law but its moral responsibility is required to protect consumers.

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References


Abdulkadir Muhammad, Hukum Perjanjian (PT. Citra Aditya Bakti Bandung 2000)

Agus Yudha Hernoko, Hukum Perjanjian: Asas Proporsionalitas Dalam Kontrak Komersial, (Laksbang Mediatama 2008).

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Journal

Cindawati, Prinsip Good Faith (Itikad Baik) dalam Kontrak Bisnis Internasional, Mimbar Hukum, Vol.26 No.2, Juni 2014, Universitas Gajah Mada,Yogjakarta.

Luh Nila Winarni, Asas Itikad Baik Sebagai Upaya Perlindungan Konsumen Dalam Perjanjian Pembiayaan, DIH, Jurnal Ilmu Hukum Pebruari 2015, Vol. 11, No. 21.

Legislation

Law Number 28 Year 2002 concerning Buildings (The Republic of Indonesia State Gazette Year 2002 Number 134)

Law Number 1 Year 2011 concerning Housing and Residential Area (The Republic of Indonesia State Gazette Year 2011 Number 7)

Law Number 8 Year 1999 concerning Consumer Protection (The Republic of Indonesia State Gazette Year 1999 Number 42)

Government Regulation Number 16 Year 2021 concerning Implementing Regulation of Law Number 28 Year 2002 concerning Buildings (The Republic of Indonesia State Gazette Year 2021 Number 26)

Indonesian Civil Code




DOI: http://dx.doi.org/10.33021/ph.v5i2.4719

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