CONSUMER PROTECTION ON PRE – PROJECT SELLING APARTMENT IN INDONESIA TO AVOID FRAUD

Abstract

The new property which is often called an apartment, is part of facilitating the desire for
housing from the community. However, problems arise when the buying and selling process
of the apartment which is the object of sale and purchase is not in real form or with the Pre
Project Selling system. This study aims to analyze legal protection measures for the sale of
apartment units before the construction project is implemented (Pre Project Selling). The type
of study used was normative or Doctrinal Legal Research. The type of problem approach used
was a statute approach and a conceptual approach. The results of this study suggest that the
sale of apartment units can be done using the Pre Project Selling system, however, the
developer must pay attention to the provisions contained in Article 42 and Article 43 of Law
Number 20 Year 2011 concerning Flats. Brochures can be used as the basis for a lawsuit for
consumers who feel aggrieved for the developer's actions that are not in accordance with what
was promised in the brochure, because brochures are an initial agreement in purchasing
property products.