TANGGUNG JAWAB PT. MANDEVILLA TERHADAP KERUGIAN PEMBELIAN RUMAH DI PERUMAHAN PESONA HARAPAN INDAH KOTA PEKANBARU

Abstract

The current position of housing consumers is weak compared to developers as business actors, often
developers commit fraudulent practices to increase their business profits, from the incompatibility of brochures
with housing conditions, low quality of buildings, unavailability of adequate facilities and infrastructure, to lack
of housing maintenance. which causes repeated flooding. This happened to the Perumahan Pesona Harapan
Indah in Pekanbaru , the housing located on Cengkeh Street, Bukit Raya District experienced repeated flooding
every rainy season. Whereas in Law No. 1 of 2011 concerning Housing and Settlement Areas it is stated that it
is forbidden for housing operators to build housing in locations that have the potential to pose a danger to people,
thus creating an obligation for PT. Mandevilla as the Developer to provide compensation as stipulated in Article
19 of Law No. 8 of 1999 concerning Consumer Protection. The purpose of writing this thesis, namely: First, to
know the responsibilities of PT. Mandevilla as a business actor for the loss of buying a house at Perumahan
Pesona Harapan Indah Pekanbaru, Second, knows the form of compensation for PT. Mandevilla for the loss of
consumers of beautiful housing in Pekanbaru.
This type of research can be classified in the type of Sociological research because in this study the author
directly conducts research at the location or place under study in order to provide a complete and clear picture
of the problem being studied. This research is sourced from primary data, secondary data and tertiary data, while
the population and sample are consumers who buy houses at Perumahan Pesona Harapan Indah and PT.
Mandevilla as housing developers.
The results of this study indicate, First, the application of the provisions for the acceleration of settlement
of The results showed that there are 2 problems that can be concluded. First, the selection of flood-prone
locations and the unavailability of adequate facilities, facilities and infrastructure are factors that determine that
the Perumahan Pesona Harapan Indah is a product with hidden defects, this results in the loss of security and
comfort for residents of housing in consuming the house as a product, so that PT. Mandevilla is obliged to carry
out accountability by providing compensation and/or compensation as stipulated in Article 1365 of the Civil
Code and Article 19 of Law No. 8 of 1999 concerning Consumer Protection. Second, PT. Mandevilla has not
provided compensation and/or compensation for the production error of the Perumahan Pesona Harapan Indah
as its responsibility as a business actor for causing material and immaterial losses to housing residents. Author's
Suggestion, PT. Mandevilla should provide compensation and/or compensation as a liability for losses that befell
the residents of housing. Second, it is better if a clause for guaranteeing the condition of the house is included in
the sale and purchase agreement so that consumers have a strong basis in demanding accountability.
Keywords : Developer – Unlawful Acts – Compensation