ANALISIS YURIDIS PERBUATAN WANPRESTASI OLEH DEVELOPER TERHADAP KONSUMEN PROPERTY (Studi Kasus : Putusan MA Nomor XXX/XXXX/XXXX/XXXX)

Abstract

Housing construction is increasingly common, with developers promoting properties before completion. However, many developers engage in bad faith, misleading consumers by selling land that is not a freehold title (Tanah Girik), but claiming it is. This unethical practice arises from developers prioritizing quick profits over long-term consequences. This thesis addresses the responsibilities of developers who default on property agreements and the legal remedies available to consumers. The research method used is normative legal research with a case approach, relying on secondary data such as primary legal materials (legislation and judicial decisions), secondary materials (expert opinions), and tertiary materials (legal dictionaries, journals, and encyclopedias).The study reveals that developers who fail to meet the promises made during property promotion can be criminally charged under Article 8, paragraph (1) letter f of Law No. 8 of 1999 on Consumer Protection. Additionally, developers who violate agreed-upon housing specifications can face penalties under Article 134 in conjunction with Article 151 of Law No. 1 of 2011 on Housing and Residential Areas, which imposes fines up to IDR 5 billion.