PERLINDUNGAN HUKUM TERHADAP KONSUMEN PERUMAHAN GRAHA DEWATA AKIBAT DIPAILITKANNYA PT DEWATA ABDI NUSA

Abstract

Developer PT Dewata Abdi Nusa (DAN) bankrupted thourgh decision No.16/PAILIT/2013/PN. NIAGA. SBY This ruling resulted in consumers losing money because of not getting its due in accordance Sale and Purchase Agreement. Based on Consumer Protection Act No. 8/1999, losses suffered by consumers to be settled fairly and consumers are entitled to compensation. This paper used a normative legal research by case approach. Case is used by No .16/ PAILIT/2013/PN. NIAGA. SBY bankruptcy decision. In this paper the author wants to examine consumer protection Graha Dewata based decision No .16/PAILIT/2013/PN. NIAGA. SBY and legal protection that can be provided to consumers as a result of bankrupted developer PT DAN. The results showed that the consumers have not received the legal protection due to the uncertainty of the law in which the consumers are not getting its due as the Sale and Purchase Agreement. Legal protection that can be given to the consumers can be carried out preventive consumer protection agencies to oversee all matters involving the consumer as well as being consultative mechanism. While the repressive can be seen in the provisions of Law No. 37/2004 on Bankruptcy and PKPU and Consumer Protection Act through litigation and non-litigation. It is also necessary to assess the Bankruptcy Act in the future in order to pay more attention to the interests of consumers and bankruptcy insolvency test as a condition of the debtor in order to avoid bad faith .