LEGAL PROTECTION FOR CONSUMERS TO PURCHASING FLAT UNITS BASED ON THE SALE AND PURCHASE AGREEMENT REGARDING THE BANKRUPTCY OF THE DEVELOPER

Abstract

Population growth now today is getting denser and residence needs increase and the supply of land is increasingly limited so the construction of flats is one solution to solve the problem. The number of flats construction has caused problems, which have not been carried out handover of flats. The implementation of sale and purchase of apartment units is in the Sales and Purchase Agreement (SPA). When the developer of a flat is bankrupt is declared by the court, considering that new buyers are limited to conducting SPAand is not proof of ownership.The Research method is normative legal research, to obtain the necessary data in connection with the period issues. The data used secondary data in consisting of primary legal materials, secondary legal materials, tertiary legal materials. Beside that it used primary data to support secondary data legal materials. Data analysis be done with juridical analysis of qualitative. The research problem formulation is how the existence of consumers and legal protection for the purchase of apartment units based on the sale and purchase agreement are related to the bankruptcy of the developer. To answer this problem the author uses 2 (two) legal theories, namely the Theory of Legal Protection from Phillipus M. Hadjon and Bankruptcy Legal Theory from Bankruptcy and Suspension of Payment Obligations Act, Number 37 Year of 2004.From the results of the study, it was found that legislation did not provide maximum legal protection to consumers because concurrent creditors did not have special rights, in the bankruptcy process, especially the results of bankrupt bundles were distributed to preperen creditors and separatist creditors and concurrent creditors did not have the right to obtain bankrupt as expected. And concurrent creditors are represented by the curator in filing a lawsuit for actio pauliana as a form of objection to the actions or transactions made by the bankrupt debtor.