A residence is one of the basic needs (Primary) whose implementation is regulated by the

et al., 2021).

In urban areas, the land is an economical item because of its high price and scarce amount,

and not everyone can have a decent and adequate place to live. Only people with a certain

economic status can own land (Siahaan, 2004). In the center of the capital began to be known as

tall buildings with joint ownership or known as flats. The construction of these flats is used as a

way out of solving the problem of providing housing because the construction of these flats

minimizes land use, increases open land in the city center more, and can be used as an effort to

reform the city for slums (Mawardi et al., 2020).

As an alternative to solving the problem of the need for housing, the implementation of these

flats itself is regulated in Law No. 20 of 2011 on Flats. Article 1 of the Law states that:

Agreement or known through PPJB which contains the authority and responsibility of the parties

to be agreed through the deed of sale and purchase and payment can be made by cash or cash or

installments or gradual payments. PPJB is a binding deed from seller to buyer that is usually made

under the hand or not from PPAT usually made by the developer (Cowandy, 2021). However, it

needs to be considered by PPJB and AJB consumers, in the Indonesian legal system, buying and

selling do not necessarily change ownership of an item. Buying and selling need to be followed by

handover (Levering) to change ownership. Against immovable objects such as apartment units,

the submission is carried out administratively, namely the name change recorded in the building

ownership certificate.

Based on the above presentation, the author wants to examine how positive law provides

This research method uses qualitative methods, namely describing facts with primary,

secondary, and tertiary legal materials. The primary legal material used is authoritative legal

material, the primary legal material is binding legal material in the form of basic norms or rules as

contained in the legislation. The primary legal materials used for this study include the Constitution

of the Republic of Indonesia of 1945, Law No. 37 of 2004 on Insolvency, Law No. 20 of 2011 on

Flats, Law No. 8 of 1999 on Consumer Protection, and other regulations relating to this research

material.

Secondary legal materials in this study are all publications on a law that are not official

documents that can help analyze and understand primary legal materials in the form of research

legal pluralism approaches. The method of interpretation used is systematic, authentic, and

teleological interpretation.

At the beginning of its formation history, the ancient bankruptcy law had two main purposes,

namely to secure the distribution of debtors' property from the loot of its creditors, and the second

to prevent the debtor from hiding his property to the detriment of his creditors. Legal protection is

only given to debtors of good faith, but nevertheless, protection for debtors is not the basic purpose

of the establishment of ancient bankruptcy laws (Sjahdeini, 2010).

The legal principles that exist in bankruptcy law in various forms of insolvency legal systems

in various States are as follows.

though the debtor's property is not directly related to the debts (Shubhan, 2015).

Thus, the principle of creditorial parity departs from the phenomenon of injustice if the

debtor still has property while the debtor's debt to the creditors is not paid. Another meaning of the

principle of creditorium parity is that being a general guarantee of debtors' debts is limited to

wealth alone, not other aspects, such as personal status and other rights outside the property has

absolutely no effect on the debt receivable debt of the debtor.

However, the principle of creditorium parity even if it is a response to the injustice, if the

principle of creditorium parity is applied letterlijk, it will cause the next injustice. The unfairness

of the creditorium parity principle is that the creditors are equally domiciled between one creditor

and another creditor. The principle of creditorium parity does not distinguish the treatment of

creditors there is something that by law must take precedence in receiving the payment of the bill

(Muljadi, 2001).

smaller receivables than him. If creditors are equalized without seeing the small size of receivables,

it will cause an injustice of its own.

An illustration of the injustice, if there is no principle of creditorium parity, is as follows: a

bankruptcy debtor has wealth that is included in the bankruptcy boedel of 10 billion Rupiahs. The

bankrupt debtor has five concurrent creditors, namely A has receivables of 20 billion, B has

receivables of 15 billion, C has receivables of 10 billion, D has receivables of 3 billion, and E has

receivables of 2 billion, so the total debt of the debtor insolvent is 50 billion. If there is no pari

passu prorata parte principle, then the five debtors are the same domiciled on the debtor's wealth.

The 10 billion insolvent property will be divided equally against five debtors which means each

will get two billion. Here lies the injustice if there is no pari passu prorata parte principle where

receivables of 3 billion will get a share of 0.6 billion (6% of the bankruptcy), and E who has

receivables of 2 billion will get a share of 0.4 billion (4% of the bankruptcy property) (Shubhan,

2015).

Principe of Structured Creditors

The principle of structured creditors is a principle that classifies and groups various debtors

according to their respective classes. In bankruptcy, creditors are classified into three types,

namely separatist creditors, preferred creditors, and concurrent creditors (Shubhan, 2015).

The division of creditors into the three classifications mentioned above is different from the

division of creditors in the general civil law regime. In general civil law, it can include creditors

then the insolvency institution becomes meaningless because the philosophy of bankruptcy is as

an institution to liquidate the assets of debtors who have many debtors where without bankruptcy,

the debtors will fight each other both legally and unlawfully so as to cause a state of injustice for

selling relationship of property units built by the development company. Buying and selling land

or buildings in light and cash, meaning that repayment has occurred and the purchased goods or

units have become the property of the buyer. However, in fact, the purchased property unit has

been mastered by inhabiting it, but juridically there has not been levering because the process of

turning over the name on behalf of the buyer takes a short time, as a result of which juridical

ownership is still in the hands of the development company.

In the event of levering, there are two kinds of elements, including real submission (Feitelijke

levering) and juridical submission (Juridische levering). A levering is declared valid when both

levering elements occur. Related to the levering event, it turns out that the delivery of moving

objects and immovable objects there is different. Moving objects if handed over instantly, both

"meaningful testing." That would limit the availability and force some debtors with the capacity

to pay debts to where they would be required to make payments to creditors.

The commission's report does not contain any meaningful testing. However, his legislation

has already been introduced in Congress. Under the recommendation by the commission, the

Bankruptcy Code would establish a national exemption (currently in many countries, debtors can

choose a state exemption from the exemption specified in the Bankruptcy Code).

Article 4 letter h of the Consumer Protection Law regulates that one of the rights of

consumers is to get compensation, compensation or reimbursement if the goods or services

received are not in accordance with the agreement. Furthermore, according to Article 19 paragraph

(3) of the Consumer Protection Law, the provision of compensation must be made 7 (seven) days

days after the transaction date. The problem is that the Consumer Protection Law does not regulate

further what is meant by the "transaction date". With regard to the date of this transaction, it is

growing that the date is the same as since the failure to carry out its obligations.

concurrent creditors. In law applies the provisions of the Law that are specifically overriding laws

of a general nature (Lex specialis derogate legi generalis).

With regard to the legal structure, bankruptcy cases involve at least four parties, namely the

consumer himself, curators, administrators, and supervisory judges. For both curators,

administrators, and supervisory judges, the legality has been clearly regulated in the Bankruptcy

Law, in contrast to consumers who are not clearly positioned in the Law. Because the Bankruptcy

Law only mentions consumers as parties who enter into agreements with debtors (Article 36

paragraph (1) or the affected counterparty (Article 37 paragraph (1)). With the vagueness of the

position of consumers in Bankruptcy Law, the consumer's position is under curators,

administrators, and supervisory judges. This misaligned position will make consumers feel

(Dwang), error (Dwaling), and fraud (Bedrog).

As mentioned above, in bankruptcy known 3 types of creditors, namely separatist creditors,

preferred creditors, and concurrent creditors. Article 1 number 2 of the Bankruptcy Law and PKPU

defines creditors as people who have receivables due to agreements or laws that can be billed in

front of the court.

The level of creditors in bankruptcy indicates the right to go bankrupt property, meaning that

one creditor has the right first to obtain receivable payments from the bankrupt bundle compared

to other creditors. The level of creditors in bankruptcy from the most advanced is preferred

creditors / special creditors, separatist creditors, and the latter are concurrent creditors. Preferred

creditors have receivables that are specially domiciled or privileged as stipulated in Article 1131

Based on Law No. 37 of 2004 concerning Bankruptcy and Delay of Debt Payment

Obligations, it is regulated regarding which parties are authorized to apply for bankruptcy. In

2) Provisions such as point a do not apply if in the marriage there is no union of property

between husband and wife.

While the conditions in the bankruptcy application are regulated in Article 2, namely as

follows:

1) Debtors who have two or more creditors and do not pay off at least one debt that has fallen

in time and can be collected, are declared bankrupt by the court's decision, either on their

own application or on the request of one or more creditors;

2) Applications can also be submitted by the prosecutor's office in the public interest.

the Bankruptcy Law and PKPU state the following:

1) The Curator must make a record of the bankruptcy property no later than 2 (two) days after

receiving the decree of his appointment as Curator;

2) Recording of bankruptcy property can be done under the hands of the Curator with the

approval of the Supervisory Judge;

3) Members of the temporary creditor committee are entitled to attend the making of the

recording.

Recording of Bankruptcy Property (Interventarization) is done by:

1) Based on The Debtor's Proof;

2) Based on records (creditor reports);

accordance with the provisions stipulated in Article 85 of the Bankruptcy Law and PKPU, namely

in the Creditors meeting, the Supervisory Judge acts as the chairman and the Curator must be

present at the Creditor meeting.

bankruptcy verdict is pronounced;

2) Within a period of 3 days after the decision of the bankruptcy statement is received by the

Supervisory and Curator Judge, the Supervisory Judge shall submit to the Curator the plan

for the implementation of the first Creditor meeting as intended in paragraph (1);

3) Within a period of no later than 5 days after the bankruptcy statement decision is received

by the Curator and Supervisory Judge, the Curator shall notify the implementation of the

Creditor meeting as intended in paragraph (2) to the Creditor known as a registered letter

or by courier, and with advertisements in at least 2 (two) daily newspapers, taking into

account the provisions as intended in Article 15 paragraph (4).

The next stage is the Receivable Match Meeting. The receivables match meeting was

to hold an object, or can agree to the Curator's objection;

3) The Curator reserves the right to withdraw his provisional confession or rebuttal, or

demand that the Creditor corroborate by oath the truth of his receivables which is not

disputed by the Curator or by any of the Creditors;

4) If the original Creditor has died, the substitutes of their rights shall explain under oath that

they in good faith believe the receivables exist and have not been repaid;

5) In the event that it is deemed necessary to postpone the meeting, the Supervisory Judge

determines the next meeting held within 8 days after the meeting is postponed, without a

summons.

What is done next is the collection of debtor receivables (if any), selling bankruptcy property

period as stipulated in this Law, or the proposal has been submitted but rejected; or

- The management of the Debtor's company is terminated.

a) All objects must be sold in public in accordance with the procedures specified in the

laws and regulations;

b) In the event that public sales as intended in paragraph (1) are not achieved then the sale

under the hand can be done with the permission of the Supervisory Judge;

c) All objects that are not immediately or completely cannot be resolved then the Curator

who decides the actions to be taken against the object with the permission of the

Supervisory Judge;

d) Curators are obliged to pay creditor receivables that have the right to hold an object so

that the object is re-entered and benefits the bankruptcy property.

After doing the above stages, then next do a list of divisions in accordance with the following

b) The list of divisions as intended in paragraph (1) contains details of receipts and

expenses including curator's wages, the name of creditors, the amount matched from

each receivable, and the portion that must be received by creditors;

c) Concurrent creditors must be given the part specified by the Supervisory Judge;

d) Payment to Creditors:

- Who have privileged rights, including those whose privileges are denied; and

- Holders of liens, fiduciary guarantees, dependent rights, mortgages, or collateral

rights to other matters, to the extent that they are not paid under the provisions

referred to in Article 55, may be made from the proceeds of the sale of objects to

which they have privileges or are collateralized to them.

192, or in the event that resistance has been filed after the verdict of the resistance case

is spoken, the Curator shall immediately pay the division that has been established;