Putri, Sanindia Septia Kisedi
(2019)
Analisis kedudukan hukum perjanjian pengikatan jual beli (ppjb) sebagai jaminan dalam jual beli rumah dengan skema kredit pemilikan rumah (KPR) = Analysis on the legal standing of presale agreements (ppjb) as guarantee in sale and purchase of houses with a home loan (KPR) scheme.
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
A presale agreement (Perjanjian Pengikatan Jual Beli) (“PPJB”) is a preliminary agreement between a buyer and a developer which can be conducted when the house building is not yet completed as a whole. In principle, the existence of this agreement functions as an evidence that a sale and purchase has occurred between the buyer and seller, not as an evidence that there has been a transfer of ownership right from the seller to the buyer. Within a home loan (kredit pemilikan rumah) (“KPR”) process in the society, it often places the land and house building which is still in the PPJB stage as collateral. The placement of credit guarantee in the form of land and house building which is still in the PPJB stage does not fulfill the principle of material guarantee. Therefore, this issue will open up risks of problems in the future. This research uses a juridical normative type of research. With a type of data in the form of secondary data. The data collecting method is conducted through literature study which is supported by qualitative data analysis technique. The approach used within this research are the statute approach and conceptual approach. The research issue within this research is regarding the legal standing of PPJB as credit guarantee to purchase houses with a KPR scheme as well as the legal protection for the buyer by using PPJB as collateral in a KPR. PPJB as KPR collateral is not regulated explicitly within the civil law, land law(s) nor banking law which creates a legal vacuum. Due to this legal vacuum, it causes certain parties to interpret themselves and utilize PPJB of land and house buildings as collateral in a credit agreement. At the end, the buyer will be prejudiced due to the existence of non procedural developers which takes advantage from that moment. In order for a legal protection towards a buyer to be exercised accordingly, there shall be good faith from sellers to perform their obligations as sellers and fulfill the rights of buyers.
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