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International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 6, ISSUE 3 (2024)
Developer accountability in bad faith apartment sales: Analysis of decision no. 794/PDT.G/2022/PN.SBY
Authors
Frans Haryadi Djauhari, Raden Besse Kartoningrat
Abstract

This research aims to analyze the responsibility of developers who do not have good intentions in implementing apartment sale and purchase agreements, with a case study in Decision No. 794/Pdt.G/2022/PN SBY. In this research, the concept of good faith in apartment sale and purchase agreements is discussed and how it is implemented in legal practice in Indonesia. This research uses a normative juridical method with a case approach and relevant laws and regulations.

The research results show that the developer in this case did not carry out good faith at the pre-contractual, contractual and post-contractual stages. This is demonstrated by developers' violations of consumer rights, such as not providing clear and correct information about the products being sold, and not fulfilling promises made in agreements. Legal analysis of the court decision shows that the developer is responsible for the losses experienced by consumers as a result of these actions.

This research concludes that consumer protection in apartment sale and purchase agreements in Indonesia still requires stricter supervision and law enforcement to ensure that developers act in good faith. The recommendation given is the need to increase socialization and education regarding consumer rights, as well as strengthening legal sanctions for developers who violate agreements.
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Pages:209-215
How to cite this article:
Frans Haryadi Djauhari, Raden Besse Kartoningrat "Developer accountability in bad faith apartment sales: Analysis of decision no. 794/PDT.G/2022/PN.SBY". International Journal of Law, Policy and Social Review, Vol 6, Issue 3, 2024, Pages 209-215
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