Abraham Yazdi Martin
Universitas Djuanda, Bogor

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Legal Protection for Property Buyers in Pre-Project Selling Schemes in Indonesia: An Analysis of Compliance with the Consumer Protection Act Abraham Yazdi Martin; Henny Nuraeny; Andri Brawijaya
Jurnal Legisci Vol 3 No 1 (2025): Vol 3 No 1 August 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i1.976

Abstract

Background. Pre-project selling has become a dominant marketing strategy in Indonesia’s property sector, yet it often exposes buyers to legal uncertainties, particularly regarding delayed construction and unmet contractual promises. Aim. This study examines the extent to which pre-project selling practices comply with Indonesia’s Consumer Protection Act and evaluates the adequacy of current legal safeguards for property buyers. Methods. Using a normative legal approach, the study analyzes statutory provisions, developer–consumer contracts, and relevant court decisions to identify compliance gaps and recurring legal issues. Results. The findings indicate that although the Act provides fundamental consumer rights, weak enforcement mechanisms, asymmetric information, and inadequate oversight allow developers to circumvent their obligations. Many contractual clauses tend to disadvantage buyers, and dispute resolution often results in limited remedies. Conclusions. Existing regulations do not sufficiently protect consumers in pre-project selling transactions, leaving buyers vulnerable to financial and legal risks. Strengthening regulatory oversight, standardizing contract terms, and enhancing sanctions for non-compliance are crucial to improving consumer protection. Implication. The study contributes to academic discourse on consumer law, provides policy insights for regulators, supports better awareness for society and property buyers, and offers a reference for international scholars examining consumer protection in emerging markets.
The The Impact Of Business Crimes Due To Abandoned Land Under The Right To Cultivate (HGU) In Indonesia: An Economic Analysis Of Law Approach Rizal Syamsul Maarif; Henny Nuraeny; Abraham Yazdi Martin; Muhammad Aminulloh; Efridani Lubis
Jurnal Legisci Vol 3 No 1 (2025): Vol 3 No 1 August 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i1.984

Abstract

Background. Richard Posner, in his Economic Analysis of Law, argues that business crimes involving the abandonment of concession lands (Hak Guna Usaha/HGU) reflect the existence of externalities and market failures, where corporate concession holders who neglect their lands cause substantial losses to both the State and society. Aims. This study aims to evaluate the economic and legal impacts of business crimes arising from the abandonment of plantation concession lands (HGU) in Indonesia and to provide alternative policy solutions for resolving this issue. Methods. The research employs a normative legal method with an evaluative approach, examining the phenomenon of abandoned plantation HGU lands from both regulatory and economic perspectives. The analysis seeks to produce concrete recommendations for optimizing the management of abandoned plantation lands through an integration of legal and economic principles. Result. The findings reveal that, as of 2024, the Ministry of Agrarian Affairs and Spatial Planning (ATR/BPN) recorded approximately 1,347,099 hectares of abandoned HGU lands across Indonesia, accumulated between 2020 and 2024. Under existing fiscal regulations, HGU concession holders are required to pay Non-Tax State Revenue (PNBP) of IDR 26,500 per 100 hectares annually. Based on this rate, the total potential State revenue loss due to abandoned HGU lands is estimated at IDR 356,981,235 (three hundred fifty-six million nine hundred eighty-one thousand two hundred thirty-five rupiahs). Conclusion. The study concludes that the widespread abandonment of HGU lands represents a significant economic loss and legal inefficiency. Lands that should generate income for the State instead become sources of conflict, inefficiency, and administrative burden, illustrating the failure of both corporate governance and legal enforcement mechanisms. Implication. The implications of this research emphasize the necessity of developing criminal, civil, and administrative law instruments to prevent and sanction corporate violations that cause State losses. The study proposes the formulation of a criminal law–based regulatory framework as a deterrent mechanism to ensure corporate accountability in land management and to restore the economic and social function of land in accordance with Indonesia’s constitutional mandate