Andi Humaira Mahira, . (2025) PROTECTION OF BUYERS IN APARTMENT UNIT SALE AND PURCHASE DISPUTES (Case Study of Supreme Court Decision Number 364/PK/Pdt/2016). Syiah Kuala Law Journal (SKLJ), 9 (1). pp. 250-263. ISSN 2580-9059
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Abstract
This research was conducted to analyze the legal protection of buyers in disputes over the sale and purchase of apartment units, especially those built on land with the status of Building Rights Title (HGB) on Land Management Rights (HPL), with a case study of the Supreme Court Decision Number 364/PK/Pdt/2016. The primary issue in the Mangga Dua Court Apartment case is the lack of transparency in information from the developer regarding the land's status, which was only revealed to residents when they applied for an extension of the certificate, but did not obtain approval from the HPL holder, namely the DKI Jakarta Provincial Government. As a result, the Certificate of Ownership of a Flat Unit (SHMSRS) loses its legal basis, creating uncertainty of ownership and harming consumers. This research uses a normative juridical approach by analyzing laws and regulations, such as Law No. 20 of 2011 concerning Flat Houses and Law No. 8 of 1999 concerning Consumer Protection. The results show that legal protection of residents is still weak substantively, and land policy reform and administrative law approaches are needed to guarantee ownership rights and consumer protection in vertical property transactions.
| Item Type: | Article |
|---|---|
| Additional Information: | [No. Panggil : 2110611057] [Pembimbing : Sulastri] [Penguji 1 : Heru Sugiyono] [Penguji 2 : Iwan Erar Joesoef] |
| Uncontrolled Keywords: | Building Rights, Land Management Rights, Consumers, Legal Protection, Flats. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | ANDI HUMAIRA MAHIRA |
| Date Deposited: | 14 Aug 2025 03:39 |
| Last Modified: | 14 Aug 2025 03:39 |
| URI: | http://repository.upnvj.ac.id/id/eprint/38629 |
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