The Role of Judges to Protect the Apartment Buyers from The Bankruptcy of The Developer’s Company

Abstract

The purpose of this research is to analyze the role of judges in bankruptcy of apartment developer company which is caused the buyers lost their right to own the apartment unit they have paid fully and to find the solution for judges to protect the interest of the apartment buyers from the bankruptcy of developer’s apartment company. This research used The Normative Legal Research with judicial formal approach by using secondary data, the result is outlined in a descriptive analytical form. The research findings are if the Judges decision only depend on the written law, the Judges decision can caused the buyers losing their right to own the apartment they have bought and paid fully, but if the Judges have the courage to explore the values which is lived in the community, the interest of buyers can be protected. Judges also have to consider that the fulfillment of the residences is a basic requirement of many people and The breach of contract from the company to fulfill the promise of delivery the unit to the buyers cannot be interpreted as a debt as bankruptcy definition of debt, because it is needed further prove which is complicated.