Perjanjian Pendahuluan Jual Beli Perumahan dengan Pola Pre Project Selling dalam Perspektif Kepastian Hukum yang Berkeadilan

Abstract

Law breakthrough in the form of property sale using pre project selling scheme, which in practice is bound by the Sale and Purchase Preliminary Agreement, should be able to give legal assurance to developer (seller) and buyer in order to create a just business scheme. The Housing and Settlement Area Law and The Minister of Public Works and Public Housing Regulation Number 11 of 2019 regarding Property Sale and Purchase Preliminary Agreement in property sale using pre project selling is one form of efforts to protect the buyer‟s interest. This study discusses the function of Sale and Purchase Preliminary Agreement in property sale using pre project selling scheme in order to create law certainty in a just property business. Sale and Purchase Preliminary Agreement is supposed to be an agreement with law certainty that gives justice to the parties. This study is an analytical qualitative study, using juridical normative methods, with a statutory approach, a conceptual approach and a case / court decision approach. To obtain comprehensive findings, interviews were also conducted as additional data used in the study. The Sale and Purchase Preliminary Agreement in property sale using pre project selling scheme is yet to be considered as a preliminary agreement in general, because there are cancellation terms. Generally, in a preliminary agreement, transfer of land rights has already been done. Next is to fulfill the publicity principle in Agrarian Law and the Government Regulation Number 24 of 1997, which is registration. The coordination between Ministries/institutions to create regulations/guidelines regarding the Sale and Purchase Preliminary Agreement in property sale using pre project selling scheme is needed in order create law certainty in a just property business for each parties.