Perlindungan Hukum Atas Pembeli Rumah Secara Cash Bertahap dari Pengembang yang Bukti Kepemilikannya Telah Dialihkan Kepada Pihak Ketiga melalui Fasilitas Bank

Abstract

Article 5 of Law number 4 of 1992 concerning Housing and Settlements expressly states that every Indonesian citizen has the right to occupy and/or own a proper house in a healthy, safe, harmonious and orderly environment which is then reaffirmed in the Law number 1 of 2011 Article 50 concerning Housing and Settlement Areas, that everyone has the right to reside or inhabit a house. What if the community does not have enough money to own a house, either to build it directly or to purchase it in cash, then in this case housing development is usually carried out by the developer. They usually market the built house through bank facilities (KPR) and gradual cash. Gradual cash is a payment made directly to the developer using various agreements agreed by the parties. One of them is by using fix/standard agreements made unilaterally by the developer, therefore a fix/standard agreements often brings disadvantages to the buyer in terms of purchasing a house. The research examines the form of gradual cash agreements made by developers with consumers in purchasing houses how the developer's responsibilities are related to gradual cash agreements which proof of ownership is transferred to third parties and how legal protection is for home buyers who have good intentions through gradual cash agreements This is a normative juridical law research with descriptive qualitative analysis. The Covenant Theory, the Legal Certainty Theory and Theory of Legal Protection are used as the theoretical framework. The data are collected through library research and the data collection method used is interviews that are carried out to home buyers in gradual cash. The analysis method is Qualitative Analysis namely by grouping and selecting data obtained through literature study using secondary data, primary and tertiary legal materials. It can be concluded that the gradual cash agreement made by the developer with the buyer can be made by making a Sate and Purchase Agreement (PPJB) because payment cannot be made in cash, which is made before a notary either in the form of an authentic deed or with an underhand agreement and then records the sale and purchase agreement at the local Land Office in accordance with the provisions of Permen (Ministerial Regulation) ATR number 16 of 2021 article 127 b, the recording is a form of protection for interested parties