Tinjauan Yuridis Terhadap Putusan Mahkmah Agung Nomor 178/pdt/2020/pt.pbr Kepada Pihak Developer Perumahan Cluster Metro Kepri 1 Recidence Dalam Perjanjian Bagi Bangun Pada Pemilik Tanah Di Kota Tanjungpinang Kepulauan Riau

Kurniadi, Rizki (2023) Tinjauan Yuridis Terhadap Putusan Mahkmah Agung Nomor 178/pdt/2020/pt.pbr Kepada Pihak Developer Perumahan Cluster Metro Kepri 1 Recidence Dalam Perjanjian Bagi Bangun Pada Pemilik Tanah Di Kota Tanjungpinang Kepulauan Riau. Other thesis, Universitas Islam Riau.

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Abstract

Default disputes that often occur in agreements for construction between developers and landowners cause losses to the landowner. In the agreement for construction between the first party who is the owner of the land and the second party who is an individual developer that occurs in Tanjungpinang City, Riau Islands, the objects of the agreement are stated, namely: a) Certificate of Property Rights / Residue Number 1696, Village / Kelurahan Dompak, land covering an area of 4,832 m2 (four thousand eight hundred thirty two square meters); b) Certificate of Property Rights Number 466, Tanjungpinang Village/Village. The default committed by the second party is due to not completing the construction on time, such as in the case of the construction of the Shop House where no later than 24 (twenty-four) months from the date of issuance of the Building Permit. So the first party feels very aggrieved about it. In the thesis entitled "Juridical Review of The Supreme Number 178/PDT/2020/PT.PBR The Residential Developer of the Metro Kepri 1 Cluster Housing Resident in an Agreement to Build Sharing with Land Owners in Tanjungpinang city, Riau Islands", the focus of the study is to determine the factors causing the default of the Metro Kepri 1 Recidence Cluster Housing Developer in the Agreement for Building to Landowners in Tanjungpinang City, Riau Islands and to find out the resolution of the party's default problem Metro Kepri 1 Cluster Housing Developer Recidence in Agreement for Building on Landowners in Tanjungpinang City, Riau Islands. The method used to answer the problems mentioned above is to use the empirical legal research method which is a data collection technique, where researchers make observations directly to the object of research to see closely the activities carried out. Based on the results of the study, it is known that there are several factors causing defaults by the developer against the landowners of the Metro Kepri 1 Recidence Tanjungpinang Cluster Housing Riau Islands, namely: 1) The developer has not completed the construction of 7 (seven) units of Shop Houses (Ruko) and has not built 14 (fourteen) units of type 100 Residential Houses; 2) The developer does not comply with the content of the agreement where the developer guarantees the implementation of development according to specifications and within the time stipulated in the agreement; 3) The developer is not responsible for the rights of the landowner (completion of the owner's part of the building) until it is completed and instead runs away from its responsibility. Settlement of default problems by Landowners against Metro Kepri 1 Recidence Cluster Housing Developer in the Settlement Agreement for Build is by using the "Non-Litigation" route or the dispute resolution route outside the court and the "Litigation" route, namely by filing a civil lawsuit at the Tanjungpinang District Court.

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