{"title":"对由开发商担保证书的消费者的法律保护","authors":"Johanes Rodo Mulia, Eko Wahyudi","doi":"10.26905/idjch.v13i3.8389","DOIUrl":null,"url":null,"abstract":"This study analyzes the Consumer Protection law in adequately protecting home buyers at Violet Garden, Bekasi. These consumers are faced with losing their house certificates because they have guaranteed them to a non-pawnbroker bank (Maybank). Finally, the Central Jakarta Commercial Court ruled that the developer was bankrupt because he was unable to pay his debts. The curator invites the buyer to participate in paying off the developer's debt, which amounts to approximately fifty percent of the purchase price. This investigation uses a normative juridical approach, namely a truth-seeking procedure based on the logic of legal studies from a normative point of view. The results of this study are that banks must protect consumer rights and not cause problems that result in material losses experienced by consumers. Consumers can file lawsuits because the parties responsible for this case are PT Bank Rakyat Indonesia Tbk, PT Bank Tabungan Negara Tbk, and PT Nusuno Karya, and the element of tort has been fulfilled. However, currently, there are no regulations that strictly regulate how a house can be sold by a developer so that the state can protect consumers.How to cite item: Mulia, JR., Wahyudi, E., (2022). Legal protection for consumers whose certificates are collateralized by the developer. Jurnal Cakrawala Hukum, 13(3)281-290. doi:10.26905/idjch.v13i3.8389.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"19 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Legal protection for consumers whose certificates are collateralized by the developer\",\"authors\":\"Johanes Rodo Mulia, Eko Wahyudi\",\"doi\":\"10.26905/idjch.v13i3.8389\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This study analyzes the Consumer Protection law in adequately protecting home buyers at Violet Garden, Bekasi. These consumers are faced with losing their house certificates because they have guaranteed them to a non-pawnbroker bank (Maybank). Finally, the Central Jakarta Commercial Court ruled that the developer was bankrupt because he was unable to pay his debts. The curator invites the buyer to participate in paying off the developer's debt, which amounts to approximately fifty percent of the purchase price. This investigation uses a normative juridical approach, namely a truth-seeking procedure based on the logic of legal studies from a normative point of view. The results of this study are that banks must protect consumer rights and not cause problems that result in material losses experienced by consumers. Consumers can file lawsuits because the parties responsible for this case are PT Bank Rakyat Indonesia Tbk, PT Bank Tabungan Negara Tbk, and PT Nusuno Karya, and the element of tort has been fulfilled. However, currently, there are no regulations that strictly regulate how a house can be sold by a developer so that the state can protect consumers.How to cite item: Mulia, JR., Wahyudi, E., (2022). Legal protection for consumers whose certificates are collateralized by the developer. Jurnal Cakrawala Hukum, 13(3)281-290. doi:10.26905/idjch.v13i3.8389.\",\"PeriodicalId\":207438,\"journal\":{\"name\":\"Jurnal Cakrawala Hukum\",\"volume\":\"19 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-12-28\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Jurnal Cakrawala Hukum\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.26905/idjch.v13i3.8389\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Jurnal Cakrawala Hukum","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.26905/idjch.v13i3.8389","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
本研究分析了消费者保护法在充分保护贝卡西紫罗兰花园购房者方面的作用。这些消费者面临着失去房屋证书的危险,因为他们已经向一家非典当行的银行(Maybank)提供了担保。最后,雅加达中央商业法庭裁定开发商破产,因为他无力偿还债务。策展人邀请买家参与偿还发展商的债务,金额约为楼价的百分之五十。本研究采用规范的司法方法,即从规范的角度出发,以法律研究的逻辑为基础的求真程序。本研究的结果是,银行必须保护消费者的权利,而不是造成问题,导致消费者经历的物质损失。消费者可以提起诉讼,因为这起案件的责任方是PT Bank Rakyat Indonesia Tbk、PT Bank Tabungan Negara Tbk和PT Nusuno Karya,侵权构成要件已经履行。然而,目前还没有严格规范开发商如何销售房屋的规定,从而使国家能够保护消费者。如何引用条目:Mulia, JR., Wahyudi, E.,(2022)。对由开发商担保证书的消费者的法律保护。中华医学杂志,13(3):281-290。doi: 10.26905 / idjch.v13i3.8389。
Legal protection for consumers whose certificates are collateralized by the developer
This study analyzes the Consumer Protection law in adequately protecting home buyers at Violet Garden, Bekasi. These consumers are faced with losing their house certificates because they have guaranteed them to a non-pawnbroker bank (Maybank). Finally, the Central Jakarta Commercial Court ruled that the developer was bankrupt because he was unable to pay his debts. The curator invites the buyer to participate in paying off the developer's debt, which amounts to approximately fifty percent of the purchase price. This investigation uses a normative juridical approach, namely a truth-seeking procedure based on the logic of legal studies from a normative point of view. The results of this study are that banks must protect consumer rights and not cause problems that result in material losses experienced by consumers. Consumers can file lawsuits because the parties responsible for this case are PT Bank Rakyat Indonesia Tbk, PT Bank Tabungan Negara Tbk, and PT Nusuno Karya, and the element of tort has been fulfilled. However, currently, there are no regulations that strictly regulate how a house can be sold by a developer so that the state can protect consumers.How to cite item: Mulia, JR., Wahyudi, E., (2022). Legal protection for consumers whose certificates are collateralized by the developer. Jurnal Cakrawala Hukum, 13(3)281-290. doi:10.26905/idjch.v13i3.8389.