Protection of Housing Consumers Against Losses Due to Transfer Management of Limited Liability Companies According to Positive Law in Indonesia

Abstract

This study analyses consumer protection during a company management transfer and explores the legal actions housing consumers can take if they experience losses. This type of research uses normative legal research. The approaches employed in this study are legislative, conceptual, and comparative. The technique of collecting legal materials, or secondary data, in this study involved examining the literature on legal materials, including primary, secondary, and tertiary legal materials. Based on the results of the survey, PT Halona as a housing developer that harms consumers through construction obstacles or additional burdens must provide compensation by Article 19 of the Consumer Protection Law and the principle of strict liability, which requires companies to offer compensation or replacement of goods/services of equal value, without being able to avoid responsibility, even without the intention of causing harm. Consumers can take two types of legal actions when a developer causes them harm: they can implement preventive measures to avoid further losses and pursue dispute resolution through either non-litigation or litigation channels. Non-litigation channels include mechanisms such as arbitration, conciliation, and settlement through the Consumer Dispute Resolution Agency (BPSK), which is faster and cheaper. At the same time, litigation through the courts provides legal certainty, albeit at a higher cost and with increased time and effort. UUPK provides consumers with the freedom to choose the most suitable settlement mechanism.