Tinjauan Yuridis Buyback Guarantee Dalam Pembelian Rumah Bersubsidi Di Perumahan Fajar Asri 1

Prilya, Youlanda Peggy (2022) Tinjauan Yuridis Buyback Guarantee Dalam Pembelian Rumah Bersubsidi Di Perumahan Fajar Asri 1. Other thesis, Universitas Islam Riau.

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Abstract

Currently there is competition in the housing business, between the developer and the bank, a cooperation agreement with a repurchase guarantee has been made. between developers who are ready to solve the problem of buying a house whose certificate is not ready, or is still the parent, so they meet with consumers, the sale of certificates is ready to buy and sell, consumers will be called for a second meeting, This is very risky for the bank as the person in charge of the funds, because the bank does not yet have preference rights over collateral for credit facilities that have been given to customers/debtors. To overcome the problem of risk, the cooperation agreement between the bank and the developer includes an agreement by the developer to buy back the guarantee if the credit facility provided by the bank to the debtor is not smooth or there is bad credit before the guarantee certificate is issued. This study uses empirical normative research methods, the location of this research at PT Perumahan Fajar Indah Asri in Pekanbaru City. Types and sources of data consist of primary data and secondary data. The entire legal material is analyzed qualitatively with the support of quantitative data presented in a descriptive manner. From the results of the study, it is known that the implementation of the repurchase guarantee agreement in the sale and purchase transaction of housing units with KPR facilities is that the developer will buy the land and buildings that are sold in the event of a default. the debtor in addition to the guarantor will help the bank until the bank obtains/controls the land and buildings, the guarantee provided by the developer will apply continuously and will continue until the debtor's debt to the bank is repaid. The form of legal relationship between the parties in fulfilling the repurchase guarantee obligation is that the relationship between the bank and the debtor is regulated in a credit agreement, while the relationship between the bank and the developer is regulated in a repurchase guarantee agreement. then between the developer and the debtor the legal relationship that arises through the settlement agency. Regarding the repurchase guarantee agreement, it has been implemented in accordance with the principle of freedom of contract because the agreement was made outside the main credit agreement.

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