Didy Hermawan
Universitas Borobudur, Jakarta, Indonesia

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The Urgency of Reforming the Law on Pre-Order Property Purchases Without Banks: Towards a More Transparent and Accountable System Didy Hermawan; Suparno
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.566

Abstract

This paper examines in depth the practice of off-plan property sales without banks in Indonesia, which is growing in popularity alongside the growth of the property industry. This study aims to analyze the relevant legal regulations, identify the legal risks faced by consumers, and formulate recommendations to strengthen consumer protection. The research method uses a normative juridical approach, examining legislation, court decisions, and legal literature. The results show that the existing legal framework is inadequate to protect consumers in off-plan transactions without banks, giving rise to significant risks such as developer default, poor building quality, and information asymmetry. Existing consumer protection mechanisms, such as the UUPK and BPSK, are also considered ineffective. This paper recommends revising the UUPK, implementing escrow accounts, requiring project completion insurance, strengthening government supervision, and improving consumer literacy. With the implementation of these recommendations, it is hoped that a more fair, transparent, and sustainable property industry can be created, which protects consumer rights and encourages inclusive economic growth.