Legal Responsibility for the Transfer of Property from PT Citra Agrindo to Consumers in Gorontalo Regency

Abstract

This study aims to analyze the legal liability of developers who transfer assets that have been promised to consumers to a second party. transfer of assets by developers to a second party for houses that have been promised to consumers. PT Citra Agrindo Lestari as a developer company has the potential to face similar legal problems in its business practices. Therefore, it is important to study in depth the form of legal liability for the transfer of assets by a second party, both from the perspective of civil law and consumer protection. This research is a normative legal study with a statutory, case, and conceptual approach. Data were obtained through literature and documentation studies of primary, secondary, and tertiary legal materials. Data analysis was conducted qualitatively by systematically compiling and reviewing data to answer the research questions. This type of research is descriptive and analytical to illustrate the problem based on applicable legal provisions. A sociological juridical approach was used to examine the application of law in developer asset transfer practices. The research results show that asset transfer by developers is regulated by the Civil Code, Law Number 8 of 1999 concerning Consumer Protection, and Law Number 1 of 2011 concerning Housing and Residential Areas. Asset transfer is not permitted if it harms existing consumer rights under the sales and purchase agreement. Developers remain responsible for fulfilling consumer rights even after the assets have been transferred to another party. This study also found that the second party is required to act in good faith by checking the legal status of the object before accepting the asset transfer. If the second party is aware of the consumer's rights but still accepts the transfer, they may be held legally liable, along with the developer, for any losses suffered by the consumer.