Buy Back Guarantee between Developer and Creditors: Study of Apartment Sale and Purchase Agreements Based on the Pre-Project Selling System
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 05
Abstract
This research aims to understand the Buy Back Guarantee guarantee for the Apartment sale and purchase agreement based on the Pre-Project Selling System in home ownership credit and efforts to resolve the sale and purchase of Apartments between the Developer and the buyer from the realization of the Buy Back Guarantee guarantee which can provide justice for the parties. The main focus of this research is guaranteeing the repurchase of apartment units for mortgage debtors, to efficiently resolve defaults or payment failures and protect banks. Even though it is not yet strictly regulated in Indonesian law, the Buy Back Guarantee fulfills the elements of Article 1820 of the Civil Code. The dispute resolution clause prioritizes deliberation, but goes to court if that fails, which takes time and costs too much. This research uses a normative juridical approach with a qualitative descriptive analysis method, examining various regulations, legal literature and relevant cases. The research results show that buy back guarantees play an important role in maintaining trust and legal certainty for creditors. However, the effectiveness of this guarantee is highly dependent on the clarity of the clauses in the PPJB, the developer's compliance with the agreement, as well as supervision from the relevant authorities. This study provides recommendations for improving legal protection for creditors through improving regulations and stricter law enforcement.
Authors and Affiliations
Berlian Septiani, Iwan Erar Joesoef, Suherman
Keywords
Related Articles
- EP ID EP736095
- DOI 10.47191/ijsshr/v7-i05-122
- Views 34
- Downloads 0
Implementation of Continuous Improvement (CI) in the Management of KKNI UIN Saizu Purwokerto Curriculum through the PPEPP Model
This study aims to analyze the management of the KKNI curriculum implemented at UIN Saizu Purwokerto and whether it has met continuous improvement (CI) with the model set out in SPMI, namely PPEPP which consists of curri...
Motivating Factors in Learning Speaking of English Majored Sophomores
English has become a global language and English speaking skill plays an important role in order for people's communication to fit into the real world. Motivation is regarded as an influential factor in the success of an...
Challenges Facing Street Children and Copying Strategies in Dodoma and Dar es Salaam Cities, Tanzania
This paper examines the coping strategies that were employed to curb the situation of the question of child streetism Specifically, the paper analyzes the challenges faced and coping strategies by street children. I used...
The Challenges of Teaching Academic Writing That English Teachers Face in Azerbaijan
English educators in Azerbaijan have several obstacles when it comes to instructing learners in the realm of academic writing. These issues arise from the diverse levels of language competence among students, the emphasi...
Mission Transformation in the Millennial Era
Christians generally understand mission as an attempt to preach the gospel to people who do not yet believe in Jesus. If someone has accepted Jesus as Lord and Savior, then the mission to that person is considered comple...