TINJAUAN YURIDIS PEMENUHAN HAK PEMBELI UNIT APARTEMEN YANG MENJADI ASET LELANG PAILIT PT. GRAHA MAPAN LESTARI (Studi Putusan Nomor 3/Pdt.Sus-Pkpu/2021/Pn Niaga Sby)

Tambunan, Sarah Uly Olivia (2026) TINJAUAN YURIDIS PEMENUHAN HAK PEMBELI UNIT APARTEMEN YANG MENJADI ASET LELANG PAILIT PT. GRAHA MAPAN LESTARI (Studi Putusan Nomor 3/Pdt.Sus-Pkpu/2021/Pn Niaga Sby). Undergraduate thesis, UPN "VETERAN" JAWA TIMUR.

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Abstract

Abstract: This research is motivated by a legal dispute between Malang City Point apartment buyers and PT Graha Mapan Lestari, which was declared bankrupt, resulting in units already paid for by buyers being included in the bankruptcy estate (boedel) and becoming objects of auction. The primary issues in this study are the forms of breach of contract committed by the developer and the legal protection available to apartment buyers against the auction of these assets. The research method employed is normative legal research using a statutory approach and a case approach to Decision Number 63/Pdt.G/2025/PN Mlg. The results indicate that PT Graha Mapan Lestari committed breach of contract in three forms: non-performance (failure to deliver title deeds/AJB and SHMSRS), improper performance (units encumbered by mortgages), and performing prohibited acts (failure to split certificates, causing units to remain part of the bankruptcy estate). Legal protection for buyers, although normatively positioned as vulnerable concurrent creditors, can be sought through Supreme Court Circular (SEMA) Number 4 of 2016 for good-faith buyers, as well as through legal remedies such as derden verzet or actio pauliana. However, in this case study, the buyers' lawsuit was declared inadmissible (Niet Ontvankelijke Verklaard) due to absolute competence issues, as disputes related to bankruptcy assets fall under the jurisdiction of the Commercial Court. Keywords: Breach of Contract, Bankruptcy, Legal Protection, Apartment.

Item Type:

Thesis (Undergraduate)

Contributors: