Consumer's Legal Protection Due to the Cancelling of Condommonium Construction Whole Sale and Purchase Agreement Already Made Before the Notary (Case Study on Condommonium Units in Palembang City)

摘要

Palembang City has already developed into one of metropolitan cities in Indonesia, so it has the strategic significance as the main point of growth and development in a region due to economies which are being concentrated therein. These make the development of storeyed housing (flat/apartment) units which are known as Condomium or Apartments which are booming in Palembang City. The purchase of a flat/apartment unit starts from the booking order after viewing the show units offered by (a) developer(s), then, subsequent to the 20% minimum payment which will be followed by the process of entering into Sale & Purchase Agreement which is made before a Notary prior to a Deed of Sale and Purchase which would be finally drawn up after the whole payment process and the condominium units completely built up. Nevertheless, in accordance with the fact finding, after the legally binding of Sale and Purchase Agreement, developers breach of contract or in default which resulted in the condominium units never finished their development, even they just stopped without any clarity. This caused consumers become severely disadvantaged by developers, either materially or non-materially. The law which stipulates the Consumer Protection is deemed not yet totally on the side of consumers, therefore it is expected in the future to make addendum to the rules both referred to the Law and to the developer.