Perlindungan Hukum Terhadap Pembeli Beriktikad Baik (Good Faith) atas Kepailitan PT.Graha Cipta Suksestama dan PT.Nirman Internusa sebagai Developer Perumahan (Studi Putusan 28/Pdt.Sus-Gugatan Lain-lain/2022/PN Niaga Jkt.Pst.)

Abstract

The increasing demand for housing in Indonesia has prompted the public to engage in real estate transactions, typically involving developers as sellers and consumers as buyers. In practice, issues often arise when developers are declared bankrupt, putting good faith buyers who have fulfilled their obligations at risk of losing their rights to the homes they have purchased. The primary issues addressed in this research are the qualifications of good faith buyers, the legal protection afforded to good faith buyers in the bankruptcy of PT. Graha Cipta Suksestama and PT. Nirman Internusa as housing developers, and the implementation of the principle of good faith in dispute resolution based on Decision 28/Pdt.Sus-Gugatan Lain-lain/2022/PN Niaga Jakarta Pusat. The research methodology employed in this thesis is normative legal research, which is descriptive in nature. The data consists of primary, secondary, and tertiary legal materials collected through library research, sourced from secondary data, and analyzed using qualitative normative data analysis with a deductive reasoning approach. The conclusions of this thesis indicate that although there are legal provisions that provide protection for good faith buyers, their implementation in Decision 28/Pdt.Sus-Gugatan Lain-lain/2022/PN Niaga Jakarta Pusat tends to prioritize formal aspects, such as the existence of the Sale and Purchase Agreement (AJB) and the Certificate of Ownership (SHM). However, in the legal recourse taken by the plaintiffs, the Supreme Court held a different view by overturning the bankruptcy court's decision, considering the Sale and Purchase Agreement (PPJB), the full payment for the homes, and the fact that the homes were occupied by the plaintiffs. It is recommended that the Supreme Court and legislative bodies strengthen regulations that protect the rights of consumers, particularly good faith buyers in housing transactions