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All Journal Reformasi Hukum Trisakti
Sheira Maghfira Maulani Utami
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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MASALAH KETERLAMBATAN PENANDATANGAN AJB DAN PENYERAHAN UNIT APARTEMEN REGATTA (STUDI PUTUSAN NO. 573/PDT.G/2020/PN JKT.UTR) Sheira Maghfira Maulani Utami; Anda Setiawati
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (250.681 KB) | DOI: 10.25105/refor.v4i3.13856

Abstract

Marketing of flats before the construction is completed is done by many developers. Generally, marketing is preceded by a legal bond as outlined in the PPJB. In practice, many problems occur where developers do not fulfill their obligations as stated in the PPJB and as a result prospective buyers file a default lawsuit to the court. The formulation of the problem regarding whether the default lawsuit filed by prospective buyers of the Regatta Apartment is in accordance with applicable legal provisions and whether the judge's consideration in Decision No. 573/Pdt.G/2020/PN Jkt.Utr is in accordance with the provisions of the law. Normative juridical research method which is descriptive analytical and the conclusion is drawn inductively, secondary data (library data) only. The results of the research, discussion and conclusion are that the default lawsuit filed by the prospective buyer is appropriate because the developer's actions that violate Article 5.1 of the PPJB include acts of default. For the consideration of the judge who stated that the developer was in default in accordance with the provisions of the law because the developer was proven not to have carried out his obligations to make AJB in front of PPAT and to deliver Regatta apartment units to prospective buyers.
MASALAH KETERLAMBATAN PENANDATANGAN AJB DAN PENYERAHAN UNIT APARTEMEN REGATTA (STUDI PUTUSAN NO. 573/PDT.G/2020/PN JKT.UTR) Sheira Maghfira Maulani Utami; Anda Setiawati
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13856

Abstract

Marketing of flats before the construction is completed is done by many developers. Generally, marketing is preceded by a legal bond as outlined in the PPJB. In practice, many problems occur where developers do not fulfill their obligations as stated in the PPJB and as a result prospective buyers file a default lawsuit to the court. The formulation of the problem regarding whether the default lawsuit filed by prospective buyers of the Regatta Apartment is in accordance with applicable legal provisions and whether the judge's consideration in Decision No. 573/Pdt.G/2020/PN Jkt.Utr is in accordance with the provisions of the law. Normative juridical research method which is descriptive analytical and the conclusion is drawn inductively, secondary data (library data) only. The results of the research, discussion and conclusion are that the default lawsuit filed by the prospective buyer is appropriate because the developer's actions that violate Article 5.1 of the PPJB include acts of default. For the consideration of the judge who stated that the developer was in default in accordance with the provisions of the law because the developer was proven not to have carried out his obligations to make AJB in front of PPAT and to deliver Regatta apartment units to prospective buyers.
Co-Authors Anda Setiawati