Tinjauan Hukum Terhadap Sangketa Wanprestasi Antara Pemilik Tanah Dengan CV. Riau Niwan Di Kota Pekanbaru

Siregar, Romsani (2020) Tinjauan Hukum Terhadap Sangketa Wanprestasi Antara Pemilik Tanah Dengan CV. Riau Niwan Di Kota Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Mrs. Gusneni as the developer cooperates with Mr. Felix Ardany for the construction of housing on Mr. Felix Ardany's land based on House Development Cooperation Agreement Deed No. 105 dated August 4, 2017. That the second party on the land will build 10 units of houses consisting of Type 45 2 units and Type 38 8 units. Based on this cooperation agreement, the first party borrows Rp. 65,000,000 to the second party with the first breakdown of Rp. 35,000,000 was paid before the deed was signed, the second was Rp. 30,000,000 is paid after the name balek certificate. With regard to the distribution of the results of this housing construction based on Article 10 of the Deed of House Construction Cooperation Agreement No. 105 dated August 4, 2017, the first party receives 2 units of type 45 houses with a count of Rp. 225,000,000. For 2 units, Rp. 450,000,000, deducted from the first-party loan of Rp. 65,000,000. The total to be received by the first party is Rp. 385,000,000. The main problems in this study are 1) how is the default dispute between the land owner and CV Riau Niwan in Pekanbaru City and 2) how is the settlement of the default dispute between the land owner and CV Riau Niwan in Pekanbaru City. This type of research is by way of survey, research that takes samples from the population using interviews with basic data collection tools. The nature of descriptive research is to describe the state of the subject or object of research at the present time based on the facts that appear as they are. Default disputes between landowners in reality that occur in the community, there are disputes arising related to the sale and purchase of land rights over shared assets where the seller and the buyer have agreed and are bound in the binding agreement of buying and selling of land for shared assets. At the time of the buying and selling transaction the buyer has paid a sum of money in accordance with the agreement on the price of land to the seller, but the seller did not immediately hand over the certificate of land rights he sold to the buyer. In this case the seller argues that the land certificate is lost, and is applying for a new certificate issuance at the Land Office. Settlement of disputes on defaults of one of the parties commits defaults, which results in the loss of one of the parties, according to the agreement made and stated in the form of the deed of the lease agreement will be subject to sanctions in accordance with the agreement and comply with applicable laws and regulations, namely in the case the Second Party neglects its obligation to vacate the Building when the Lease Agreement is terminated, the Second Party hereby authorizes the Substitution on the First Party now and for the future.

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