Perlindungan Hukum terhadap Pembeli Rumah terkait Pengembang yang Dinyatakan Pailit

Kezia Albertina Hinonaung (Universitas Jayabaya)
Yudha Cahya Kumala (Universitas Jayabaya)
Iran Sahril (Universitas Jayabaya)

Jurnal Penelitian dan Pengkajian Ilmiah
Vol. 3 No. 9 (2026): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, September 2026

This study examines the legal protection afforded to homebuyers when a developer is declared bankrupt. It employs a normative-juridical research method—specifically, library-based legal research utilizing primary, secondary, and tertiary legal sources. The findings indicate that homebuyers who have fulfilled their obligations whether through down payments or Home Ownership Loan (KPR) installments often fail to receive the promised house or land title certificate due to the developer's bankruptcy. Generally, if the title to the property has not fully transferred, these buyers hold the status of concurrent creditors; consequently, the satisfaction of their claims depends on the proceeds from the liquidation of the bankrupt estate, which are frequently insufficient to cover all creditors' claims.