TINJAUAN YURIDIS TERHADAP KEABSAHAN PERJANJIAN PENDAHULUAN OLEH DEVELOPER DALAM JUAL BELI PERUMAHAN SECARA PRE PROJECT SELLING
| Main Author: | Nitapradina, Vera |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/53104/1/PENDAHULUAN.pdf http://eprints.umm.ac.id/53104/2/BAB%20I.pdf http://eprints.umm.ac.id/53104/3/BAB%20II.pdf http://eprints.umm.ac.id/53104/4/BAB%20III.pdf http://eprints.umm.ac.id/53104/5/BAB%20IV.pdf http://eprints.umm.ac.id/53104/6/LAMPIRAN.pdf http://eprints.umm.ac.id/53104/ |
Daftar Isi:
- Developer as one of the organizer construction sold the property unit in pre project selling. Pre project selling is a property sell by the developer before the physical construction of the houses built. The developer did the marketing of the house property still in the planning stage and estate maturation. Moreover, related to the construction planning, it is not clear where the housing will be located. With this background, the author draws two formulations of the problem, namely, the validity of the Preliminary Agreement carried out by the Pre Project Selling by the Developer in the Housing Sale and how the legal strength of the preliminary agreement if the developer defaults. The research method used in this study was normative research method. Legal materials were collected by library research through a method of approach to the laws related to this study, namely Article 1320 Civil Code and Law Number 20 Year 2011 concerning Housing and Settlement Areas. The results of this study emphasize the physical objects rather than the achievements promised in the preliminary agreement that make the basis of the main points of the legal requirements of an agreement. However, the Preliminary agreement made in the form of an authentic deed was judicially guaranteed by the competent authority. On the other hand, the implementation has the potential to cause problems. Article 1320 The Book of Civil Code is one of the validity of an agreement, namely a certain matter and in Law Number 20 of 2011 concerning Housing and Settlement Area requires that before making a preliminary agreement, the construction provider must fulfill the requirements, which is 20% housing construction. That the pre project selling agreement between the developer and the buyer was invalid and null and void by law. The strength of the pre-selling selling preliminary agreement weakened the buyers in the event of a default developer.