ANALISIS TERHADAP PUTUSAN NOMOR 128/PDT/2022/PT BTN MENGENAI KASUS WANPRESTASI PEMBANGUNAN APARTEMEN SKY HIGH TOWER (DI TINJAU DARI UNDANG-UNDANG NO 20 TAHUN 2011 TENTANG RUMAH SUSUN BERDASARKAN PASAL 1243 DAN 1238 DALAM KUHPERDATA)

Abstract

The issuance of the Law of the Republic of Indonesia Number 20 of 2011 concerning Flats article 43 reads (Paragraph 1 The process of buying and selling flats before the construction of the flats is completed can be done through PPJB which is made before a notary. Paragraph 2 PPJB as referred to in paragraph 1 is carried out after fulfilling the requirements certainty: A. Land Ownership Status B. Selection of IMB C. Availability of Infrastructure, Facilities, and Public Utilities D. Development of at least 20% (twenty percent) and e. Agreement.) This law should be a reference for developers when planning a building or selling and selling flats but it turns out that there are many negligences committed by developers in Indonesia, one of which is the case of the Garuda Indonesia Cooperative ( KOAPGI) which in this case caused a lot of losses for the Garuda Airline crew. Indonesia. This study aims to find out why the default occurred in the Koapgi case which harmed several Garuda Indonesia flight crew due to the negligence of the developer PT Satiri Jaya Utama. In law number 20 of 2011 article 43 regarding flats is based on articles 1243 and 1238 of the Civil Code. This research is based on the type of normative legal research where the research focus is on the norms contained in the law. Where this research also examines the legal principles in it, through a statutory approach and also a historical juridical approach. In this study, the authors conducted an analysis of research raw materials to obtainfindonale and find out the background of the Garuda Indonesia cooperative case, hereinafter referred to as koapgi, in terms of the 1945 Constitution. Republic of Indonesia no. 20 of 2011 concerning Flats.

Keywords: Default, Developer, Fraud, Flats