Karya Ilmiah

DISERTASI (238) - Karakteristik Perjanjian Jual Beli Properti Dengan Sistem Pre Project Selling

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Pre Project Selling as a real property marketing system for under
construction house basically requires law foundation since the positive law and
regulation, particularly in Indonesia, does not exist yet. The occurrence of
Perjanjian Pengikatan Jual Beli (PPJB/ Buying and Selling Engagement
Agreement) which becomes the legal foundation between property developer and
consumers is merely an initiative from those parties based on the right of freedom
of arranging a contract since it is not regulated in BW (Burgerlijk Wetboek –
Civil Code). Yet, the process of making a contract is relevant with the
characteristics of BW Book III which are open and optional law. Thus, PPJB is
categorized into an anonymous agreement (onbenoemde contracten). However,
since it has contained an agreement with particular rights and obligations, PPJB
is also Conditional Agreement.
It is just like a dynamic characteristic of business which should have
proper law foundation still. The law perspective which can follow the dynamics of
business matters is legal agreement, not land law. Using PPJB as an instrument
to market an under-construction residential, which does not bind the clauses to
particular form, causes PPJB can be arranged in a standard form by the
developers. A standard contract is common in business as long as it does not
contain standard clauses which are forbidden by Consumer Protection Law.
Contract as a business matter is made due to ensuring legal assurance of
the business content itself. Further, a contract is expected to raise a fairness and
equity. A good law foundation should be able to provide equal law protection for
the related parties when they arrange a law agreement. Law agreement between
property developer and consumers which is reflected in PPJB is categorized into
consumer contract. PPJB contract shows an unequal bargaining position among
the related parties so that internal law protection which expected by the weak
party (consumer) results does not clearly appear in the contract’s content. At this
condition, it requires external protection which comes from government
intervention.

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Ketersediaan

031170146

238 Sja k

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

238 Sja k

Penerbit

Surabaya : Fakultas Hukum Unair., 2016

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

PERJANJIAN JUAL BELI
PRE PROJECT SELLING

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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