Hakekat Penggunaan Klausula Baku Dalam Perjanjian Pengikatan Jual Beli (PPJB) Perumahan Antara Developer Dan Konsumen

Abstract

The existence of a Sales and Purchase Agreement (PPJB) plays a crucial role as the initial step before the creation of a Sale and Purchase Deed. The existence of a PPJB does not prevent the parties from transacting, even though the transfer of land rights has not yet occurred at the time of signing the PPJB. This is because the transfer of land rights must be through a Sale and Purchase Deed, and the PPJB serves as the entry point for establishing the Sale and Purchase Deed. This PPJB is intended to bind the seller and buyer, which is usually done by developers to facilitate the property buying and selling process. This research aims to deepen theoretical understanding and broaden perspectives on various social phenomena and humanitarian issues. This research applies a normative juridical approach with a focus on literature studies as the basis for analysis. The stages of research implementation include identifying legal issues, reviewing relevant literature, and applying legal analysis systematically and purposefully. The collection of legal materials is carried out through searching various appropriate reference sources using the literature study method. Therefore, we can conclude that the standard clauses generally contain provisions that have the potential to harm consumers, including by limiting consumer rights, shifting developer responsibilities, or even exempting developers from legal responsibility. Based on Law Number 8 of 1999 concerning Consumer Protection, specifically Article 18, any standard clause that contradicts the provisions of the regulation and causes harm to consumers is declared to have no binding legal force. Therefore, the application of standard clauses by developers must be carried out carefully and within the applicable legal corridor in order to maintain a balanced position between business actors and consumers