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 49
- Downloads 0
Eco-Cultural Analysis on Barong Lodok, Manggarai Indonesia
In past (ancient) traditional farming communities many rituals were associated with traditional farming activities. Today, in Indonesia most of these practices have been lost due to modernization and mobilization of life...
Issues and Possibilities in Regulating Artificial Intelligence (AI) Related To Copyright in Indonesia
This paper discusses the challenges and opportunities of regulating artificial intelligence (AI) and its implications for copyright, with a focus on the Indonesian context. Internationally, the United States and the Euro...
Girls’ Education and Literacy in Marginalized Areas and its Impact on Sustainable Economic Development: The Interlink Between Gender Equality and Women’s Socio-Economic Empowerment: Turkana South Sub-County, Kenya
Education is the pillar of any development, (UNESCO, 2010) and is also anchored in the Sustainable Development Goals (Goal 4: Quality Education). In Kenya, targeted interventions have been by the government in the educat...
The Perceived Value of Chatbot Support in Enhancing College Student Self-Efficacy
In the ever-evolving educational landscape, the integration of technology is pivotal for shaping college students' learning experiences. Artificial Intelligence (AI)--powered chatbots stand out as versatile virtual assis...
The Influence of Principal Situational Leadership, Teacher Work Climate and Teacher Job Satisfaction with Teacher Performance at SDN in Awayan District
Teacher performance is entirely dependent on the teacher's efforts to provide the learning process in order to meet educational objectives. This study employing a quantitative investigation utilizing an associative techn...