Legal Protection for Buyers against the Understanding of Home Ownership Loans

Evie Pravitasari, Aryani Witasari

Abstract


Subsidized Home Ownership Loans are loans intended for lower-middle income communities in order to meet housing needs or repair houses that they already own. KPR is a credit facility provided by the Bank as a creditor to consumers (buyers) as debtors which are used to purchase land and houses on it. The approach used in this study is a normative juridical approach. The results of this study are: 1) Legal protection for buyers in cases of buying and selling houses and land under the hands can be obtained by submitting an application for determination to the local district court to ratify the buying and selling process, 2) The validity of buying and selling which aims to take over ownership credit house under the hand is not binding on third parties. In connection with this, according to law the legal owner of the land and building is the owner of the first party so that the transfer of rights must go through/obtain the approval of the first party. This makes it difficult in the future, especially if the owner's whereabouts are known.


Keywords


Credits; House; Ownership; Takeovers; Underhand.

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References


Journals:

Ong Argo Victoria, Ade Riusma Ariyana, Devina Arifani. (2020). Code of Ethics and Position of Notary in Indonesia. Sultan Agung Notary Law Review 2 (4), 397-407, http://lppm-unissula.com/jurnal.unissula.ac.id/index.php/SANLaR/article/view/13536

Sapi’i. (2016). Pemilihan Pembiayaan KPR (Kredit Pemilikan Rumah) Dengan Akad Murabahah (Studi Kasus Di Bank Muamalat Tbk Cabang Pembantu Samarinda Seberang), Al-Tijary Jurnal Ekonomi dan Bisnis Islam, Vol. 2 (No. 1)

Yusuf, Rifki. (2018). Peran Notaris Dalam Penggunaan Akta SKMHT Yang Tidak Diikuti APHT Terhadap Debitor Wanprestasi Terkait Pemberian Fasilitas Kredit Pemilikan Rumah Subsidi (Studi Kasus di Bank Tabungan Negara Pekalongan), Jurnal Akta, Vol 5, (No. 1)

Books:

Badrulzaman, Mariam Darus. (1983). Perjanjian Kredit Bank, Bandung: Alumni

Kadir, Muhammad Abdul. (2000). Hukum Perdata Indonesia, Bandung: PT. Citra Aditya Bakti

Regulation:

Constitution of the Republic of Indonesia 1945

Code of Civil law

Act No. 10 of 1998 concerning Banking Principles

Act No. 4 of 1992 concerning Housing and Settlements

Act No. 4 of 1996 concerning the Mortgage Rights Act (UUHT)

Interview:

Interview with Bayu Sulistyo, as the Head of the Semarang City BTN Branch on Semarang, July 6, 2021.

Interview with Sri Subekti, as PPAT/Notary Semarang City, on July 6, 2021.

Interview with Sugeng Budiman, as PPAT/Notary Semarang City, on July 6, 2021.

Interview with Susilowati, as PPAT/Notary Semarang City on Semarang, July 10, 2021.

Interview with Y. Sugianto, as the owner of KPR-BTN in Semarang on Semarang, July 6, 2021.

Turkhon Maulawy, interview, Head of Semarang City BTN Branch, (Semarang, August 14, 2021).




DOI: http://dx.doi.org/10.30659/sanlar.3.4.1331-1341

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