Chaotic! Delayed Construction, Hundreds Of Buyers Of Antasari 45 Apartment Demand A Total Of Rp164 Billion To Be Returned

Photo: Mery Handayani/VOI

JAKARTA - The construction of the Antasari 45 Apartment has been stalled for years. Even though the construction of the apartment was promised to be completed in October 2017. Therefore, as many as 210 buyers demanded a refund of the purchase of around IDR 164 billion.

The buyers felt cheated and disadvantaged because PT Prospect Duta Sukses (PDS) as the developer, did not complete the construction of the apartment as promised. Until 2022, apartments located on Pangeran Antasari Street No. 45, Cilandak, South Jakarta, only in the form of five basement floors.

The potential total loss experienced by all consumers reached IDR 591.9 billion. This loss comes from all payments that have been paid by 775 buyers for 923 units to PT PDS, as the developer of the Antasari 45 Apartment project.

One of the buyers representing the Antasari 45 Apartment community, Benyamin Wijaya, said hundreds of apartment buyers rejected the peace agreement from PT PDS. Because the peace agreement actually harms consumers.

"The contents of the peace agreement actually harm consumers. If construction continues, consumers are asked to continue to make payments. But even if we pay, what is the guarantee? The building is also not finished. On the other hand, if you pay, the money that has been deposited will be forfeited," he told reporters in Jakarta, Wednesday, January 19.

Therefore, Benyamin said the consumer association also reported PT PDS to the Metro Jaya Police for alleged criminal acts of fraud and or embezzlement or consumer protection and or money laundering with the report number LP/1659/III/YAN/2.5/2020/SPKT PMJ on 11 August.

"Thursday we will follow up the report to the Metro Jaya Police," he said.

The irregularities of the Antasari 45 Apartment case

Benjamin said his party also found a number of irregularities. First, PT PDS as the developer sold the Antasari 45 Apartment that did not have a Building Permit (IMB) in 2014.

Second, PT PDS could not show evidence of being able to complete the construction. Until now, PT PDS has not been able to show financial documents such as bank guarantees, capital injection money, and other evidence that can prove their ability to complete the Antasari 45 Apartment project.

Third, the developer (PT PDS) has pocketed the sale money for Apartment 45 Antasari in the amount of IDR 591.9 billion, plus a loan of 25 million US dollars from foreign creditor Ultimate Idea Limited (UIL).

"But the developer is also not able to continue the development process, not even able to pay Eko Aji Saputra who submitted a PKPU application against PT PDS with only a debt of IDR 2.2 billion," he said.

Fourth, the PKPU process to PT PDS ended in bankruptcy against PT PDS. The bankruptcy process resulted in a Peace Agreement. However, this peace agreement is alleged to have violated a number of articles in Government Regulation no. 12 of 2021 concerning Amendments to Government Regulation Number 14 of 2016 concerning the Implementation of Housing and Settlement Areas.

"In the Peace Agreement, the buyer is only given two options. First, continue the payment, but there is no guarantee of completion of the construction. Second, refuse to continue the payment, but the developer will not return the money that has been paid by the buyer before the investor buys PT. PDS shares from the previous shareholders," he said.

In fact, according to PP No 12/2021 Article 22h states, the developer must return all the money from the buyer if the developer fails to complete the construction.

Fifth, the new investor from PT PDS, namely PT Indonesian Paradise Property Tbk (PT INPP) only bought shares (directly and indirectly) of PT PDS for a total of IDR 1 million for all 78,800 shares issued by PT PDS.

PT INPP has also stated that it still needs IDR 400 billion to continue 3 property projects in 2022 including Antasari 45. Meanwhile, the value of the Antasari 45 project was previously estimated at IDR 2-3 trillion.