Analysis Of Unsimple Evidence and Its Legal Consequences for Apartment Developers In Bankruptcy Applications (Legal Analysis of SEMA Number 3 of 2023)

Abstract

The development of the property sector, especially apartments, has driven national economic growth, but has also given rise to legal issues when developers fail to complete projects. Bankruptcy applications against developers are complicated by the doctrine of simple proof as stipulated in Article 8 paragraph (4) of the Bankruptcy Law, which is strengthened by the issuance of SEMA No. 3 of 2023. This research uses a normative legal method with a statutory approach and a case approach. Data were obtained through a literature study of primary legal materials such as Law No. 37 of 2004 and SEMA No. 3 of 2023, as well as relevant court decisions. The analysis was conducted descriptively-qualitatively through legal interpretation to examine the application of the principle of non-simple proof in the bankruptcy practice of apartment developers. The research findings indicate that the application of the doctrine of non-simple proof based on SEMA No. 3 of 2023 to apartment developers has created obstacles for consumers in accessing bankruptcy mechanisms. This policy has an impact on limited legal protection for consumers who are harmed, and creates an imbalance in the legal relationship between developers and consumers.