Perlindungan hukum terhadap pembeli satuan rumah susun yang developer-nya dinyatakan pailit = Legal protection of apartment purchaser whose developer has been stated bankrupt

Aftori, Stella (2021) Perlindungan hukum terhadap pembeli satuan rumah susun yang developer-nya dinyatakan pailit = Legal protection of apartment purchaser whose developer has been stated bankrupt. Bachelor thesis, Universities Pelita Harapan.

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Abstract

The development of the modern world and globalization, the need for a place to live is a very important thing for everyone. This need is in demand situations in the property sector. Nowadays people have turned to meet the need for housing by buying apartments. However, the sale and purchase of apartment units or apartments is often detrimental to buyers. Such as problems arise regarding the construction of apartments that have not been completed, developers who have been declared bankrupt before handing over. Example, PT.Menara Karsa Mandiri (developer) has been declared bankrupt based on the decision Number 553k /Pdt.Sus-Bankrupt/2015. In this case, the apartment buyer is only the PPJB holder, and this apartment building has become bankrupt, so apartment buyers are very harmed. Therefore, the need for legal protection for apartment buyers. The research method used by the author is normative-empirical research using secondary data through library research and strengthened by primary data through legal interviews. The approach used in this study, the statutory approach and the case approach. The results of this study indicate that apartment buyers as PPJB holders can apply as concurrent creditors and submit applications to the curator. Conducted auction of bankrupt debtor assets and sold them to third parties (new investors). The results of this auction, creditors will get payment according to the portion (the principle of pari passu pro rata parte).

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