Perjanjian Kerjasama Antara Developer Dengan Bank Dalam Pemberian Fasilitas Kredit Pemilikan Rumah (Suatu Penelitian di PT Bank CIMB Niaga Tbk Cabang Medan Bukit Barisan)
| Main Author: | Sitopu, Panary |
|---|---|
| Other Authors: | Yamin, Muhammad, Sofyan, Syahril, Gani, Syafnil |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/24964 |
Daftar Isi:
- The purpose of an agreement between a bank and a developer is to make it easy for the bank to cooperate in providing a credit facility on house ownership. With the agreement, the bank can understand the reputation of the developer and can be legally protected by the agreement. As such, written agreements which are usually based on mutual agreements, need to be made. While this agreement is not specified in the Civil Code, it exists in the society. This research was conducted using a descriptive method. The word ‘descriptive’ here was meant to give a description of the data on the implementation of a developer agreement and its implication for the debtor as an end user, more precisely in its implementation at the CIMB Niaga Bank Medan Bukit Barisan Branch, located at Jl. Pos no. 7 Medan (previously Jl. Bukit Barisan No. 5 Medan). The approach used was juridical-normative which emphasized the use of the prevailing laws and regulations as well as data and documents that were related to this research to form a point of view. From the discussion, it was found out that the form of agreement made between a bank and a developer in house ownership credit was partnership. The legal relationship between the bank and the developer was specified in an agreement made in a written act which was signed on a seal. The content of the agreement was made in accordance with the status of land and building, documents, owner/developer reputation, and others. If the security status was still in the form of a Master Certificate, then it was implied in the agreement that buy back guarantee should have been put into effect after AJB, APHT and SKHMT had been signed by the debtor. Once the credit facility was given to the debtor, the bank would proceed to the funding scheme in accordance with the land and building status or based on the progress report of the housing construction as stated in the agreement. Theoretically, there was an imbalance in the position of the two parties involved in this agreement as the bank held too many rights and responsibilities in comparison to the developer as a house provider. However, this was meant to protect the debtor as a house consumer in case the developer did not carry out its duties. There were some problems found in the agreement between a bank and a developer, among others: the process of unsplit certificate security document, the land and building documents which were in process, building construction matters such as unfinished buildings exceeding the time limit agreed before, building specifications mismatching the agreement agreed earlier, etc. These problems caused losses to the bank as well as the debtor as a house consumer.
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