Doctoral Promotion of Fennieka Kristianto
“The Principles of Balance between Consumers and Business Actors in the Sale and Purchase Agreement of Apartment Units”
The construction of apartments in urban areas, in fact, raises serious problems. Various regulations governing the supervision of the construction and settlement of apartments have not yet reached the ideal goal of development. The disintegration of apartment housing regulations, shows the implementation of housing affairs as one of the basic human needs, has not been comprehensively implemented. The problem of buying and selling apartments is more detrimental to the consumer.
Based on these facts, Fennieka Kristianto analyzes the suitability of the principle of balance with the contextual dimensions of the current dynamics of modern society and the normative dimensions of legislation in Indonesia. By using normative juridical research methods and legal comparisons, it is used to analyze the principle of balance in a sale and purchase agreement in Indonesia, implementation of legal protection in the agreement to buy and sell apartment units (PPJB Sarusun), reconstruction of the principle of balance between business actors and consumers of apartments as legal reform for the PPJB Sarusun.
Fennieka Kristianto successfully defended her dissertation entitled “Principles of Balance between Consumers and Business Actors in the Sale and Purchase Agreement of Apartments Units” in front of the Academic Meeting of the Faculty of Law, Universitas Indonesia led by Prof. Dr. Rosa Agustina, SH, MH, with members consisting of Promoter Prof. Hj. Arie Sukanti Hutagalung, SH, MLI, Co-Promoter Dr. Inosentius Samsul, SH, MH, Examining Board consists of Prof. Dr. Rosa Agustina, SH, MH, Dr. Ratih Lestarini, SH, MH, Dr. Suparjo Sujadi, SH, MH, Dr.Akhmad Budi Cahyono, SH, MH, and Dr. Endang Pandamdari, SH, SpN., MH.
The Dissertation Defense was held on Tuesday, January 15, 2019 at the Djokosoetono Convention Center, FHUI, Depok, at 09.00 -. 11.00 WIB.
The results of the research are that the principle of balance in the agreement to buy and sell in Indonesia applies from the process of making the contract to the implementation of the contract. This is intended to ensure a fair/equal negotiation process, guaranteed distribution of the exchange of rights and obligations in proportion. The balance principle shows the existence of equality needs as the main condition for the creation of agreements. Furthermore, the existing laws and regulations have not been able to fulfill the principle of balance of interests for the parties in a sale and purchase agreement of apartment unit, even though Law No. 8/1999 and Law No. 20/2011 along with derivative regulations have attempted to achieve it. The PPJB Sarusun is still implemented even though the condition of 20% of development has not been fulfilled as stipulated in Article 43 paragraph (2) UURS (Apartment Law), Kepmenpera No.11 / 1994 which regulates PPJB guidelines. There is an imbalance between the position of business actors and consumers of apartments so that the application of the principle of equality of parties based on the principle of balance in the PPJB of an apartment unit does not materialize, business actors are superior to their consumers. Evident from the results of research on 18 PPJB Sarusun both commercial and public.
The form of legal reform of the PPJB Sarusun between business actors and consumers of apartments is to carry out the reconstruction of the balance principle in the PPJB Sarusun. The principle of balance becomes a synthesis between the principle of freedom, the principle of consensus and the principle of binding power, its essence can only be fulfilled through the three principles based on the lexical hierarchy. Legal reform of the PPJB Sarusun based on Kepmenpera No. 11 of 1994 by adjusting 11 material ideas in UURS changes that are in line with the principle of balance so that the distribution of rights and obligations can be realized in all stages of contractual relations.
After presenting her dissertation and answering the questions raised by the board of examiners, Fennieka Kristianto was appointed as a Doctor of Law Science with a very satisfying predicate.
Dr. Fennieka Kristianto is the 259th Doctorate produced by the Legal Studies Program, the Postgraduate Program of the Faculty of Law UI, is the 2nd (two) Doctorate who graduated in 2019 and 224 (two hundred twenty four) Doctorates who graduate after the Postgraduate Program is held directly by the Faculty of Law, Universitas Indonesia.
