Business Legal Liability for Consumer Rights Breaching the Apartment

Abstract

Housing has a strategic role in shaping the character and personality of the nation and as an effort to develop Indonesian people as a whole, self-identity, independent, and productive. Therefore, the state is responsible for ensuring the fulfillment of the right to housing in the form of decent and affordable housing. Liability is divided into two, namely mistakes and risks. Thus known as responsibility on the basis of errors (liability without based on fault) and liability without error (liability without fault), known as risk responsibility or absolute liability (strict liability) that can be done by consumers if the developer defaults before PPJB Efforts is done through deliberations to reach consensus. If the word consensus cannot be reached, then the consumer can sue through a general court or if taking the path outside the court, in general the path taken is through arbitration Business actors or developers who violate these provisions are threatened with criminal sanctions for a maximum of 5 years or a maximum fine of Rp2 billion. The threat of sanctions is contained in Article 62 of the Consumer Protection Act. In addition, developers who fail to provide infrastructure, facilities and public utilities will be subject to criminal acts based on Law Number 1 of 2011 concerning Housing and Settlement Areas, Article 162 paragraph (1) with a maximum fine of Rp. 5 billion.

Keywords: Legal Responsibility, Business Actors, Apartment Consumers

DOI: 10.7176/JLPG/99-14

Publication date:July 31st 2020