Karya Ilmiah

TESIS (2062) - Penyalahgunaan Keadaan Oleh Developer Pada Perjanjian Pengikatan Jual beli Rumah Melalui Sistem Pre Project Selling

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Law No. 11 of 2011 Article 1 No. 7 mention that house is the building that serves
as living quarters habitable, the means of guiding the family, reflecting the dignity
as well as an asset to its owner. Sales of residential homes today commonly
performed by developers to the pre project selling system. Pre project selling
system outlined in the agreement called Perjanjian Pengikatan Jual Beli
(hereinafter reffered to as PPJB) which is made by developer in the form of
standard contract.
PPJB is an agreement between the developer and buyer in pre project selling for
selling and buying the house at a later date in accordance with the provisions
stipulated in the Indonesian system of land law, upon the terms set forth in the
agrarian law has been fulfilled. Meanwhile the transfer of objects namely building
and land rights of the developer as a seller to the buyer on the system of pre
project selling, occurred after the deed of sale made by PPAT.
This legal research combines statute approach and conceptual approach as well as
the approach to case approach, the collection of primary and secondary legal
materials is done by means of literature study . The results obtained are the
arrangements residential home pre project selling system by the laws of Indonesia
and state clause misbruik van omstandigheden by developers in PPJB at pre
project selling system.
In the PPJB as a contractual process comprising the step of pre-contractual,
contractual and post-contractual there is a state of imbalance between buyers and
developer circumstances that give rise to perform misbruik van omstandigheden
by developer. It is one form of state will defect because of the mismatch between
the will and statement . There are two elements in the PPJB which may indicate
misbruik van omstandigheden, namely the element of chance loss and misuse.

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Ketersediaan

031042010

2062

Ruang Tesis

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

2062

Penerbit

Surabaya : Fakultas Hukum Unair., 2013

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERJANJIAN

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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