Review of the Legal Protection of Apartment Buyers Through Sale and Purchase Reminder Agreements (PPJB) for Property Developers

Abstract

As the property business grows, the practice of selling apartments through a Sales and Purchase Agreement (PPJB) is a mechanism commonly used by property developers, especially in the pre-selling system. The PPJB functions as a preliminary agreement before the Sale and Purchase Deed is executed, but in practice it often gives rise to legal problems due to an imbalance in the bargaining position between the developer and the buyer. Apartment buyers are often in a weak position because the object of the agreement has not been developed, while payment obligations have been imposed from the start. This condition has the potential to cause losses for buyers if the developer defaults, such as delays in construction, changes to specifications, or project failure. This research aims to examine the form of legal protection for apartment buyers through PPJB and analyze the legal responsibilities of property developers based on applicable laws and regulations. The research method used is normative legal research with a statutory approach and a conceptual approach. The results of the study show that legal protection for apartment buyers is normatively regulated in Law Number 20 of 2011 concerning Flats, Law Number 8 of 1999 concerning Consumer Protection, as well as PUPR Ministerial Regulation Number 11/PRT/M/2019 concerning the Preliminary Agreement System for Buying and Selling Houses. However, the implementation of these provisions has not fully provided effective legal protection for buyers. Therefore, it is necessary to strengthen the substance of the PPJB, increase supervision of developers, as well as consistent law enforcement to create certainty and justice for apartment buyers