Buy Back Guarantee between Developer and Creditors: Study of Apartment Sale and Purchase Agreements Based on the Pre-Project Selling System

Abstract

This research aims to understand the Buy Back Guarantee guarantee for the Apartment sale and purchase agreement based on the Pre-Project Selling System in home ownership credit and efforts to resolve the sale and purchase of Apartments between the Developer and the buyer from the realization of the Buy Back Guarantee guarantee which can provide justice for the parties. The main focus of this research is guaranteeing the repurchase of apartment units for mortgage debtors, to efficiently resolve defaults or payment failures and protect banks. Even though it is not yet strictly regulated in Indonesian law, the Buy Back Guarantee fulfills the elements of Article 1820 of the Civil Code. The dispute resolution clause prioritizes deliberation, but goes to court if that fails, which takes time and costs too much. This research uses a normative juridical approach with a qualitative descriptive analysis method, examining various regulations, legal literature and relevant cases. The research results show that buy back guarantees play an important role in maintaining trust and legal certainty for creditors. However, the effectiveness of this guarantee is highly dependent on the clarity of the clauses in the PPJB, the developer's compliance with the agreement, as well as supervision from the relevant authorities. This study provides recommendations for improving legal protection for creditors through improving regulations and stricter law enforcement.