LEGAL CONSEQUENCES OF MARKETING AND BUYING HOUSE IN THE STUDY DEVELOPMENT PROCESS AT (PT. PRATAMA HUTAMA JAYA)

Abstract

The marketing and sales of houses that are still in the stage of the construction process or are not yet physically available cannot be done freely, because information has been regulated that must be conveyed to the public in carrying out the marketing. Among the information that must be submitted, such as the basis for land rights, clear information about the promised infrastructure, facilities, and public utilities, and so on. Then in selling a house that is still in the stage of the development process, it can be done through a system of preliminary home sale and purchase agreements. As for the requirements that must be met in making a preliminary sale and purchase agreement after fulfilling the requirements for certainty on the status of land ownership, the agreed terms, ownership of the main building permit, availability of infrastructure, facilities, and public utilities, and housing construction of at least 20%. However, in practice, the home sales and marketing arrangements, which are still in the development process, are not effectively adhered to by the developer. This study aims: First, to explain the marketing and sales of houses under construction at PT Pratama Hutama Jaya. Second, to analyze the legal consequences of marketing and selling houses under construction for PT Pratama Hutama Jaya. The research method used in this study is empirical legal research with the category of legal effectiveness which will be tested for its effectiveness related to norms regarding home marketing and sales in the development process stage. The results of this study indicate that the information requirements for marketing and selling houses under construction based on the Law on Housing and Settlement Areas do not work at PT Pratama Hutama Jaya. For terms of information in marketing, not all of it is contained in the home marketing media. Then for the sale of the house, no preliminary agreement for the sale and purchase of the house is made. Legal sanctions that can be imposed on the marketing and sale of houses under construction for PT Pratama Hutama Jaya have administrative, criminal and civil dimensions. In the context of administrative and criminal sanctions, there is a legal basis for the Law on Housing and Settlement Areas. In the civil context, the initiative comes from the party who feels aggrieved.