PENJAMINAN BUY BACK GUARANTEE ANTARA DEVELOPER DAN KREDITUR: STUDI PERJANJIAN PENGIKATAN JUAL BELI APARTEMEN BERDASARKAN SISTEM PRE-PROJECT SELLING

Berlian Septiani, . (2024) PENJAMINAN BUY BACK GUARANTEE ANTARA DEVELOPER DAN KREDITUR: STUDI PERJANJIAN PENGIKATAN JUAL BELI APARTEMEN BERDASARKAN SISTEM PRE-PROJECT SELLING. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

Buy Back Guarantee is a guarantee for the repurchase of apartment units purchased by KPR debtors, which in practice is due to the existence of a legal debt receivable relationship between the bank and the KPR debtor. This Buy Back Guarantee is also an implementation in making efficient resolution of default or payment failure problems from debtors and developers as well as protecting banks in distributing mortgage credit. Even though the Buy Back Guarantee has not been explicitly regulated in Indonesian laws and regulations, the elements of guarantee in Article 1820 of the Civil Code are fulfilled. The Buy Back Guarantee Agreement also does not provide legal certainty for creditors because it does not have the same executorial power as material guarantees. In the Buy Back Guarantee agreement there is a clause that regulates dispute resolution issues, so the parties agree to resolve it through deliberation and consensus. If deliberation and consensus cannot resolve the dispute, the parties agree to resolve it through court (litigation). However, for the most part, this is the route chosen by people in resolving disputes, because generally people only know that dispute resolution is through the courts. This research uses a normative juridical approach with the nature of analytical prescriptive research, providing a picture or formulating problems according to existing circumstances or facts. This thesis examines various regulations, legal literature and relevant cases. The research results show that the Buy Back Guarantee guarantee plays an important role in providing justice and legal certainty by adapting legal transplantation norms to the basic concept of land sale and purchase transactions, namely clear and cash, as well as the power to sell land or building objects given by the developer to the buyer in accordance with with Customary Law and Land Law in Indonesia.

Item Type: Thesis (Tesis)
Additional Information: [No. Panggil : 2210622105] [Pembimbing 1 : Iwan Erar Joesoef] [Pembimbing 2 : Suherman] [Penguji 1 : Heru Sugiyono] [Penguji 2 : Atik winanti]
Uncontrolled Keywords: Buy Back Guarantee, Developer, Creditor, PPJB, Pre-Project Selling System
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum (S2)
Depositing User: BERLIAN SEPTIANI
Date Deposited: 10 Sep 2024 03:35
Last Modified: 10 Sep 2024 03:35
URI: http://repository.upnvj.ac.id/id/eprint/33549

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