Standing Commitment of Sale and Purchase Agreement (PPJB) in Purchasing Flats Unit as Legal Protection for Consumers

Research on the commitment of binding sale and purchase (PPJB) in terms of the marketing of flats is a step in legal protection for consumers who will buy flats. This PPJB will bind both parties, namely sellers and buyers for the legal sale and purchase. However, often in terms of the marketing of flats, some rogue developers market flats when the apartment building does not yet have a building permit. This is very contrary to Law Number 20 of 2011 concerning Flats, which says that the marketing of flats must be carried out if the apartment has an IMB. This causes uncertainty of protection for consumers in terms of purchasing flats. Plus PPJB is generally made only with a standard agreement made unilaterally so that consumers cannot freely express their opinions, besides that consumers are also susceptible to losses due to PPJB made without the said IMB. This research was conducted to examine the PPJB in terms of protection for consumers of the flats. This research is normative, namely by way of implementing a legal and conceptual approach. The legal material of this study uses primary legal materials, secondary legal materials and tertiary legal materials by conducting legal material collection using a single method, namely literature study. Protection for consumers is done by using PPJB made by a Notary to minimize the impact that might occur in the future


INTRODUCTION
In modern times, human needs are increasing. Primary, secondary, and tertiary needs are very much considered by today's advanced society. People tend to make needs as a form that can be invested. Increasing population growth makes the needs of the home increasingly high. Many middle-income communities choose to own their own homes with property rights so that they can also be used as investment facilities in the future. Houses are a necessity for the community, besides being used as a place to live and can also be used as a savings facility in the old days, namely immovable objects but have a value that is increasingly high. Demand for houses in big cities is increasingly high, and makes a variety of population problems. 1 Coupled with increased income and the ease of obtaining credit from banks for use in the case of buying a house. This request is not commensurate with land in densely populated cities located in the territory of Indonesia. Increasingly interested people and prices that soar every year, resulting in middle-class people rethinking to own a home.
The anxiety is a reference for many companies thinking of making houses vertically (upwards) to minimize existing land but can accommodate many heads of households.
Flats are now an option for residents in terms of home ownership but have limited funds to buy houses and land with ownership rights. The flats provide a solution, which can have a flat unit on property or lease rights, but with land that is used as a joint right. More and more days, flats are increasingly in demand by many people, especially people who live in big cities choose to live in flats because they are cheaper and more practical than buying land with property rights and then building a house. 2 Flats according to Law Number 20 of 2011 concerning the next Flats in this journal are referred to as Flats Laws are multilevel construction units that are established in one area, then consist of several functional parts for residents. The usual house is built vertically (upward) or horizontally (sideways).
Ownership of the apartment units is carried out privately but separately, especially the stacking construction is facilitated with shared land, shared objects and shared parts. One alternative is to own a house, but do not use a lot of land (land), the price of which is increasingly increasing, one of which is the construction of flats. Arrangement of cities with flats that are intended for the middle class community can also reduce the construction of slum houses which are increasingly increasing in large cities. 3 The construction of flats cannot be separated from the many developer companies that are increasingly competing to provide many lucrative facilities for prospective customers to be interested in the apartment units offered. The sale and marketing of these flats is closely related to the licensing issues which have been regulated in the Flats Law. 4 Construction of flats is closely related to licensing problems that must be done before construction is carried out. In relation to business, companies are always looking for profit gaps in every business. In connection with this, the apartment developer company is marketing, which is related to the licensing problem which is the main spearhead of the construction of flats. 5 The Housing Law is stated to have regulated things that may or may not be done for the parties. These things are intended for the parties, namely sellers (developer of flats) and prospective consumers of apartment units. 6 The marketing of flats made by the float is closely related to licensing, therefore the marketing of flats has been included in the Flats Law. Problems related to the marketing of these flats, typically associated with flats that have not been built, permits, to agreements made to protect consumers in terms of buying and selling flats. The marketing of these flats is contained in Article 42 of the Flats Law which clearly states the conditions related to the marketing of flats. Generally, problems that arise regarding apartment transactions are a common problem that arises between developers and prospective buyers of apartment units is the problem of flats that are sold using the ordering system. 7 In the case of an agreement, later it will get an interaction that occurs between the legal subjects, in this case the formulation of the rights and obligations of the parties to be formulated and finally bound to the seller and buyer, and must be carried out by the parties concerned. The occurrence of an agreement if there is an agreement between the two parties making the transaction. 8 A contract is an agreement which in this case is written in writing between two or more people who in this case will create a right and obligation between the parties, and are specifically regulated, subject matter regulated and prohibited for parties to the agreement. 9 An agreement is basically divided into several types, namely authentic deeds and underhanded deeds.
Authentic deed is an article (agreement) issued by a public official appointed by the Ministry of Law and Human Rights, in which it is written in writing the matter must be carried out or in an event witnessed by the authorized official. Public officials referred to in the making of this authentic deed are notaries, judges, bailiffs in a court, civil registry employees and so on. Authentic deeds have the ability in the case of valid validation for both sides or more along with the descendants of his inheritance accepting the feasibility of the related party.

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Standing Commitment of Sale and Purchase Agreement (PPJB) in Purchasing Flats Unit as Legal Protection for Consumers buyer ties himself to pay a sum of money to the seller. 11 The function of PPJB for buyers (consumers) is as a guarantee of protection that in the future the apartment units that have been agreed to be purchased are prohibited from selling to different people with the developer, also according to the PPJB the apartment will be handed over to the buyer at a specified time in the PPJB, and will not sing down the advance that the buyer has given to the seller. However, even though there is an agreement that occurs between the two parties, if the object / object of the buying and selling process has not been handed over to the buyer because the buyer has not yet paid off, the ownership rights to the object are still in the seller's hands. stacking.
Based on the explanation of PPJB in terms of consumer protection for flats above, The establishment of a flat unit in the case of licensing is also a collateral for the establishment of an apartment unit, if a marketing of the apartment unit is made early before the establishment of the apartment, then all matters agreed between the developer and the consumer will bound to them as a Sales and Purchase Agreement (PPJB) for these parties.
The need for residents to understand the procedures of a business selling and buying apartment units that generally starts from the instruction process (order), then proceed with the PPJB agreement making process if the process of establishing the apartment has reached 20% (twenty percent) which is the PPJB agreement this was made before a Notary. 14 PPJB flats are usually made by developers or developers as sellers of the apartment units. The basic engagement that is also carried out by business people in terms of transactions is something that is solely made to facilitate in a trade transaction in this case is the trading of apartment units. An agreement that is made by default will usually facilitate both parties in making an agreement as long as in terms of making the agreement does not harm both parties. 15 PPJB generally contains matters relating to the rights and obligations of the seller, in this case the developer company and the rights and obligations of consumers of flats.The apartment unit is now not only intended for the upper class community, but also intended for the middle class and also the middle and lower classes, whose apartment units are equipped with adequate facilities in order to create flats as settlements that function for everyone and complete so that Flats become a place to live that is comfortable and safe for its residents. 16

System
Sale of flats for sale if done in cash or in other words a sale and purchase transaction made by order, is carried out by an agreement which is first carried out through a Sales and Purchase Agreement (PPJB). Generally, the contents of the PPJB regulate the sale and purchase of flats, but the format of the PPJB is generally limited to binding sale and purchase. This means a form of agreement which is a conditional agreement prior to the agreement on the sale of rights for the apartment unit, which after the sale of the purchase from the apartment has been paid, then a deed of transfer of rights is made and the signing of the Sale and Purchase Act The ordering method in terms of the sale and purchase of flats is a sale and purchase of flats that were carried out before the construction of the flats was completed in terms of development. This is related to the sale of brochures carried out by the developer to consumers and promises that the apartment units received in the future will be the same as those listed in the initial agreement brochure.
Legal protection for consumers is a protection that is intended for weak parties, this is associated with consumer rights in the purchase of flats that are considered weaker compared to the developer of flats. As for the form of protection for consumers, the other part is if the making of a statutory regulation that guarantees the rights and obligations of each party both the seller and the buyer in order to create an orderly society. 18 Consumers are not just buyers, but consumers are also individuals or business entities that need services and / or goods. The thing that is also useful in the enactment of transactions between buyers and sellers is the switching of objects and / or services, including the transfer of satisfaction in using them. 19 PPJB is a legal supervision effort for flats consumers if the sale and purchase of flats is used when using the ordering system. This effort is a preventive legal protection effort. 20 Pelindungan hukum yang timbul sebelum adanya suatu sengketa lazim disebut sebagai preventif. 21 The PPJB will then contain clauses that must be fulfilled by the parties, and in the PPJB it must be completed with a fine. Normally the sale of apartment units is carried out at an early time before the establishment of the apartment unit is carried out.
The sale of the apartment unit purchase is carried out when the apartment has not been built yet, it is carried out with a pre-order method of the unit to be purchased by the buyer.
After a purchase agreement occurs, the agreement is poured into a preliminary agreement the agency that has the authority to settle problems between buyers and the seller in this case through the arbitration channel or through litigation, namely with the general court.

CONCLUSION
The PPJB agreement is made in the process of purchasing flats with orders that have the power of proof as long as the parties to each other acknowledge the agreement and the contents of the agreement and there is no denial between the parties. PPJB agreements that are carried out when selling and purchasing apartment units with an order system, if used as evidence, then in the proof (validation) in the court it requires supporting other evidence such as witnesses to prove the truth of the evidence. PPJB is considered to have binding strength if it does not conflict with the laws and regulations.
Protection for consumers of flats in buying and selling through the order process is a protection that is carried out using the Sales and Purchase Agreement (PPJB). PPJB is a safeguarding effort for buyers in terms of the sale and purchase of a social unit with an order system. This effort is one of the preventive legal protection efforts. The consumer protection for buyers of flats with this ordering system is regulated by the requirements in the Flats Law.