Legal Protection for Apartment/Condominium Consumers Post Supreme Court Circular Number 3 of 2023

Abstract

The issue of bankruptcy in disputes over the purchase of apartments or flats remains complex to this day, often leaving consumers at a disadvantage due to actions committed by developers. A bankruptcy petition must generally meet certain prerequisites before being submitted to the Commercial Court, such as the requirement that the debtor (developer) must have at least two creditors, with at least one debt due and collectible, and the petition must be granted if there is simple proof or evidence. The Supreme Court issued SEMA No. 3/2023, which has sparked controversy as it appears to limit the context of simple evidence in bankruptcy and suspension of debt payment obligations (PKPU) petitions against apartment or flat developers. The issuance of this circular has adversely affected consumers or buyers of apartments/flats, as developers cannot be declared bankrupt, even though bankruptcy serves as a quick solution for consumers to reclaim their rights. Therefore, the author aims to explore the various legal protections and remedies available to consumers disadvantaged by the issuance of SEMA No. 3/2023. This study employs a legal research method, relying on a statute approach and a conceptual approach, analyzed through primary legal materials such as legislation and secondary legal materials. The findings indicate that apartment or flat consumers may pursue alternative legal remedies besides bankruptcy, including canceling the sale and purchase agreement, claiming compensation, and even initiating criminal charges for losses caused by the developer.