Implementasi UU Perlindungan Konsumen dan UU Kepailitan terhadap Konsumen Properti Pemegang PPJB

Abstract

The growth of the property business in Indonesia is increasing from year to year. This is evident from people's interest in investing their income in the property sector, whether in the form of housing, shophouses, apartments or other types. Unfortunately, the desire for profit is not always as expected. This happens to some consumers where the hope of making a profit through purchasing a property ends up making a loss when the developer is declared bankrupt. How is the implementation of Law Number 8 of 1999 concerning Consumer Protection (UUPK) linked to Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK) in protecting consumer rights? This writing uses normative research methods with prescriptive - evaluative specifications, with the aim of obtaining advice and evaluating how the law is applied to cases that occur. The conclusion shows that the implementation of the UUPK in protecting property consumers holding PPJB is still weak and unclear because it does not explicitly explain protection in terms of compensation for losses for property consumers. The implementation of UUK is in accordance with statutory regulations, although it cannot be avoided that the developer's bankruptcy process will result in losses for consumers holding PPJB, where consumers holding PPJB are included in the status of concurrent creditors.