THE URGENCY OF CONSUMER LEGAL PROTECTION AGAINST BANK LOAN AGREEMENT BREACH BY HOME SALES DEVELOPERS
I Made Aditya Mantara Putra, Annisa, Anak Agung Ima Cahyaning Amelyeana P

Faculty Of Law
Warmadewa University

Abstract

Everyone must have a desire to have their own dormitory. Given the many desires of everyone to own a home, setting up a business for another person or group can help fulfill that desire. As financial intermediaries, banks are tasked with providing loans to those in need, especially in the area of home ownership. In practice, some problems have been identified in connection with the construction of housing that is not yet fully completed. Developer was left as default. Therefore, a sales contract (PPJB) is drawn up as a provisional contract. The formulation of the problem posed in this study is as follows : How do home sales work in the bank credit system, and what are the legal implications if a developer who buys and sells homes through a bank loan agreement goes bankrupt. The type of research is normative legal research, which uses a statute and conceptual approach. Research has shown that the procedure for obtaining credit in the bank credit system to facilitate transactions requires banks to apply the 5C principles, including character, capacity, capital, collateral and condition. It turns out to apply. The economic situation (economic conditions) and the form of consumer loss can be used to sue the developer in a general court for damages provided for in Article 19(3) of the Consumer Protection Act. A form of compensation for omission and tort in the form of costs, losses and interest under the provisions of Article 1246 of the Civil Code. The developer^s form of liability is to pay the money received plus interest and other costs.

Keywords: Perjanjian, kredit, wanprestasi

Topic: Law on Investment