Kewajiban Pembuatan Akta Perjanjian Pengikatan Jual Beli Rumah Susun Pasca Terbitnya Undang-Undang No. 6 Tahun 2023

Abstrak

The purpose of this research paper is to understand the legal consequences of the obligation to create a deed for the binding sale and purchase agreement for apartments following the enactment of Law No. 6 of 2023, for the legal protection of buyers, and to comprehend the applicability of Regulation No. 12/2021 and Regulation No. 16/2021 of the Ministry of Public Works and Public Housing after the issuance of Law No. 6 of 2023. Furthermore, the research method applied to this scholarly work is normative legal research, utilizing an approach focused on statutory regulations and a method using a model of legal concept analysis. The sources of legal materials used include primary and secondary sources. The techniques for collecting legal materials utilized include literature studies and methods for analyzing legal materials based on qualitative analysis. The result of this study is that the legal consequence of the obligation to create a Binding Sale and Purchase Agreement (PPJB) for apartments after the issuance of Law No. 6 of 2023 for the legal protection of buyers is that the parties are given the freedom to create the PPJB before a notary or to create the PPJB with a deed under the hand. This provides a loophole for developers with bad intentions to push consumers into creating the PPJB with a deed under the hand due to its lower cost. Meanwhile, the applicability of Regulation No. 12/2021 and Regulation No. 16/2021 of the Ministry of Public Works and Public Housing following the issuance of Law No. 6 of 2023 is that Law No. 6 of 2023 sets aside Regulation No. 12/2021 and Regulation No. 16/2021. Even though this will disadvantage consumers, the consequence of such legal applicability will still prevail.