Perlindungan Hukum Terhadap Hak Konsumen Dalam Hal Pemesanan Unit Rumah Kepada Developer Di Kota Pekanbaru (Studi Terhadap PT. Pratama Hutama Jaya)

Ariyani, Ariyani (2022) Perlindungan Hukum Terhadap Hak Konsumen Dalam Hal Pemesanan Unit Rumah Kepada Developer Di Kota Pekanbaru (Studi Terhadap PT. Pratama Hutama Jaya). Masters thesis, Universitas Islam Riau.

Text 201021065.pdf - Submitted Version Restricted to Repository staff only Download (3MB) | Request a copy

Abstract

Housing cases that occur generally position consumers as a weak group compared to developers (Developers). The outbreak of housing cases where the developer does not do what has been agreed in the agreement. So that the Developer is declared Default (broken promise). The facts are increasingly opening the eyes that the consumer's position is on the weak side and legal protection against it is not guaranteed as expected. The main problem in this research is how the developer is responsible for consumers, and how is the legal protection for consumer rights in home ownership. The research method used in this research is Empirical Normative Legal Research. This empirical normative research is basically an amalgamation of normative legal approaches with the addition of various empirical elements. Empirical normative research method regarding the implementation of normative legal provisions (laws) in action in every particular legal event that occurs in a society, which provides a clear and detailed description of an event that occurs regarding the Legal Protection of Consumer Rights in the Case of Ordering House Units to Developer in Pekanbaru City (study of PT. Pratama Hutama Jaya). Based on the results of this study indicate that the developer has failed to fulfill its responsibilities regarding home reservations for consumers in full. Due to the lack of goodwill by the Developer itself. That is because of the weakness of consumer protection rights to housing, because consumers do not have a good or high bargaining position. And legal protection of consumer rights in home ownership, namely: Settlement of disputes in the housing sector must first be pursued based on deliberation and consensus. If in terms of dispute resolution through deliberation and consensus is not reached, the aggrieved party or consumer can sue through a court within the general court environment or outside the court based on the voluntary choice of the disputing parties through alternative dispute resolution. Settlement of disputes out of court does not eliminate criminal responsibility. That is, you can file a lawsuit in terms of fraud under Article 378 of the Criminal Code.

Actions (login required)

View Item