PROTECTION OF PROPERTY CONSUMERS ON THE CIVIL LIABILITY OF DEVELOPERS FOR MISLEADING PROPERTY ADVERTISEMENTS THAT CAUSE DEFAULTS AND TORT ACTIONS

Abstract

The property industry in Indonesia has experienced rapid development that has driven intense competition among developers in marketing their property products. In the context of such competition, advertising practices have become the main strategy to attract consumer interest, but often cause legal problems when the advertisements presented do not match reality. This research aims to analyze the civil liability of developers towards consumers who are harmed by misleading property advertisements and identify legal remedies that consumers can take to obtain protection. The research method used is normative legal research with statutory and conceptual approaches. The results show that developer civil liability can be categorized into forms of compensation, contract cancellation, and compensation in other forms, with legal basis contained in the Civil Code and Consumer Protection Law. Misleading property advertisements can cause breach of contract and unlawful acts that give consumers the right to demand developer accountability. Legal remedies available to consumers include dispute resolution through BPSK with mediation, conciliation, or arbitration mechanisms, as well as civil lawsuits through district courts. Consumers can file various types of claims according to the characteristics of the losses suffered, including material and immaterial compensation, contract cancellation, or performance fulfillment. The effectiveness of consumer protection depends heavily on consumers' understanding of their rights and ability to access appropriate settlement channels according to the problems they face.