<![CDATA[The bankruptcy of property developers poses serious problems for good-faith consumers who have fulfilled all their obligations, both in the form of down payment, installments, and property price repayment, but have not received the agreed unit handover. This phenomenon is increasingly evident in large cases such as PT Mahkota Sentosa Utama (Meikarta) and PT Hanson International Tbk which leave thousands of consumers in prolonged legal uncertainty. In the bankruptcy process, consumers are generally only categorized as concurrent creditors who have the lowest payment priority, so their chances of regaining the rights to the unit and refunds are very limited, even nil when the bankruptcy assets are insufficient. This study aims to analyze the legal position of consumers in good faith as creditors in developer bankruptcy and formulate forms of legal protection that should be provided to realize justice and legal certainty. The method used is normative juridical with a statutory approach and a conceptual approach, through a literature study of relevant primary and secondary legal materials. The results of the study show that there is a normative disharmonization between Law Number 37 of 2004 concerning Bankruptcy which uses a collective approach without distinguishing the type of creditor, and Law Number 8 of 1999 concerning Consumer Protection which prioritizes balance and justice for consumers. The absence of special provisions for consumers in the Bankruptcy Law creates a legal vacuum that is contrary to the mandate of Article 28H of the 1945 Constitution. Therefore, comprehensive legal reform is needed through the establishment of a consumer-specific creditor category, harmonization between the Bankruptcy Law and the UUPK, and the strengthening of property sectoral regulations to provide substantive and fair legal protection for property consumers in Indonesia.]]>
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