Art Original

Efektivitas Perjanjian Pendahuluan Jual Beli Rumah terhadap Wanprestasi Oleh Debitur (Studi Kasus pada Perumahan Graha Kharisma Hafira, di Desa Pandau Jaya)

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Article 1 of Government Regulation Number 12 of 2021 stipulates that a legally binding contract, known as a PPJB, is entered into between the developer and the prospective buyer or seller of a house or apartment. Development actors may enter into this agreement prior to the commencement of construction of an apartment or during the construction of single-family houses and tenements, as specified in the notarial deed. In light of the aforementioned issues, the authors identify a research problem formulation, which is outlined in the following questions: How effective is the use of PPJB (sale and purchase binding agreement) in the context of Graha Kharisma Hafira housing? And What are the legal consequences if the buyer defaults to the developer using a preliminary agreement scheme? The empirical law group employs a survey method, which involves direct fieldwork to obtain material for research. Survey research is defined as research conducted to obtain samples and conduct interviews to collect data from one or more populations. The significance of utilising PPJB is evident, although it is not a prerequisite. However, it can be employed if the parties so desire, prior to the formation of the AJB. It is important to note that the Sale and Purchase Binding Agreement cannot guarantee the parties not to default. However, the PPJB serves as a written proof that an agreement has occurred between the two parties. In the event of a default, the evidence of the injured party is strong because the deed made before a notary has perfect legal force. Furthermore, if there is a default, the settlement of this default outside the court can be achieved through the PPJB. The PPJB can be used as a reference in resolving the dispute, as it is common for the parties to include a clause about dispute resolution in the PPJB. This is especially important when it comes to home sales and purchases, as the Sale and Purchase enforceable Agreement, although if it is not legally enforceable, protects the parties in case of future disputes. However, the parties' rights are guaranteed by the agreement.

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Detail Information

Call Number

Hukum 382.9 Via e

Language

Indonesia

NPM

201010274

Publisher

Ilmu Hukum : Universitas Islam Riau., 2024

Keyword(s)

Legal Protection
Sale and Purchase Agreement
House

Other Information

Petugas

Uthi Kurnia

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