Heriyanto, Heriyanto (2024) Kepastian Hukum Perjanjian Antara Pengembang Property dengan Marketing Mengenai Pertanggungjawaban Perdata Kepada Konsumen. Other thesis, Universitas Islam Riau.

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Abstract

A housing built by a developer usually in marketing one of them has established cooperation with marketing, while marketing in its marketing is marketing through brochures or online in this case, social media. Automatically the developer gets buyers from the methods and techniques of the Marketing. The purchase can be carried out in cash installments or on credit. In this case, there are often unlawful acts, whether carried out by the developer, marketing or even consumers as buyers. In this study, it is an unlawful act that has been carried out by Marketing against consumers which resulted in a civil lawsuit in court, the fact is that it is clear and proven that Marketing has committed fraud and embezzled consumer money so that marketing is punished with imprisonment of 1 (one) year. One of the objectives of this study is to find out what the Judge's legal considerations are in Decision Number: 52/Pdt.G/2020/PN.PBR stating that the developer as a legal subject who has been harmed materially and immaterially is also stated to have committed an unlawful act for the unlawful act committed by marketing, which is clearly not an employee of the developer and How is the legal responsibility for unlawful acts committed by marketing against consumers based on the Civil Code. This study starts from the main theory (grand theory), namely the theory of legal certainty and legal responsibility, furthermore there is a legal imbalance by the Panel of Judges in providing legal considerations stating that the developer is the party who must be held legally accountable for criminal acts committed by marketing as described in the legal considerations, in the rebuttal or Exception/Answer, Duplicating and Conclusions made by the Developer have explained that the legal relationship between the developer and marketing is stated in the agreement made. Automatically, all things, legal consequences are no longer the responsibility of the developer. If further linked to the problems that occurred in Decision Number: 52/Pdt.G/2020/PN.PBR at the Pekanbaru District Court which is explained in the facts and based on evidence in this case the person who should be fully responsible for the unlawful acts committed by marketing against consumers is marketing, not the developer, the developer is in fact the party who is equally harmed by the unlawful acts committed by marketing, just like the consumer, this is in line with Article 1367 of the Civil Code, because the marketing is not the employer of the developer as is the responsibility in civil law.

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