The Role Of The Developer In Implementing The Buyback Guarantee Due To The Debtor's Default On Apartment Ownership Credit

The need for housing in urban areas with limited land encourages the development of integrated housing with business centers, supported by banks that offer Apartment Ownership Loans. Banks play an important role in channeling public funds, facilitating financing that benefits banks, developers, and buyers. However, consumers often experience defaults. The Repurchase Guarantee Agreement allows the developer to buy back the sold unit as per Article 1519 of the Civil Code. Although consumer rights are often discussed, the rights of developers who comply with regulations receive less attention. This research aims to identify and analyze the implementation of the repurchase guarantee, the underlying factors of the repurchase guarantee, the legal framework for the implementation of the repurchase guarantee, as well as efforts to resolve disputes between developers and debtors related to the implementation of subrogation deeds. This research uses a normative juridical method. Data sources include primary legal materials (such as the Civil Code and several related laws), secondary legal materials (textbooks and law journals), as well as non-legal materials (dictionaries and encyclopedias). Data analysis techniques include identification of legal facts, collection of relevant materials, review of legal issues, drawing conclusions, and providing prescriptions, using the deductive method.

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Publication Details

Journal
Unram Law Review
Published
2024-10-30
DOI
https://doi.org/10.29303/ulrev.v8i2.355
Primary Topic
Islamic Finance and Communication
Type
article
Field-Weighted Citation Impact
0.00
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article

The Role Of The Developer In Implementing The Buyback Guarantee Due To The Debtor's Default On Apartment Ownership Credit

Achmad Lutfi, Idrian
Unram Law Review
Islamic Finance and Communication
article

The Role Of The Developer In Implementing The Buyback Guarantee Due To The Debtor's Default On Apartment Ownership Credit

Achmad Lutfi, Idrian
article en

Abstract

The need for housing in urban areas with limited land encourages the development of integrated housing with business centers, supported by banks that offer Apartment Ownership Loans. Banks play an important role in channeling public funds, facilitating financing that benefits banks, developers, and buyers. However, consumers often experience defaults. The Repurchase Guarantee Agreement allows the developer to buy back the sold unit as per Article 1519 of the Civil Code. Although consumer rights are often discussed, the rights of developers who comply with regulations receive less attention. This research aims to identify and analyze the implementation of the repurchase guarantee, the underlying factors of the repurchase guarantee, the legal framework for the implementation of the repurchase guarantee, as well as efforts to resolve disputes between developers and debtors related to the implementation of subrogation deeds. This research uses a normative juridical method. Data sources include primary legal materials (such as the Civil Code and several related laws), secondary legal materials (textbooks and law journals), as well as non-legal materials (dictionaries and encyclopedias). Data analysis techniques include identification of legal facts, collection of relevant materials, review of legal issues, drawing conclusions, and providing prescriptions, using the deductive method.

Unram Law ReviewVol. 8(2)
Al-Azhar University (ID)
Openalex Percentile: Top 50%
Islamic Finance and Communication
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