ANALYSIS OF CONSUMER LEGAL PROTECTION OVER CONSUMER HOUSE CERTIFICATE GUARANTEE BY DEVELOPER TO BANK IN THE CASE OF PT. ACK

Abstract

Problems in the housing sector often position consumers in a weak position, especially in legal relationships involving developers who are in default against banks. This research aims to analyze the legal position of consumers in housing transactions in the context of consumer certificates guaranteed by developers to banks and the forms of legal protection that can be provided to consumers. The research method used is normative research with a statutory and conceptual approach. The research results show that the position of consumers in the Sale and Purchase Agreement is still weak and expectant because the rights owned by consumers are not yet full material rights, so consumers cannot yet be called the holder of ownership rights to the housing unit. This condition makes consumers vulnerable to developer default and disputes with third parties such as banks as creditors holding mortgage rights. Therefore, comprehensive legal protection is needed, both preventive and repressive, which can be realized through clear regulations, monitoring the implementation of agreements, and effective dispute resolution procedures. This research emphasizes the importance of strengthening the position of consumers in order to realize legal certainty and legal protection for housing consumers.