Abstract
The Pre Project Selling is sale before project was built where the property being sold is just a picture or concept. This marketing concept has become a trend in the modern era, especially for the Developer. The freedom principle of contract in an agreement is a must-have foundation in terms of agreements in the pre-project selling transactions. In customer contract made in the standard writing form that has been previously ready by developer. This means that all the term and condition has been made by the developer itself, and then the consumer will only do so need to approve or reject the contract without the ability to change or add anything to the PPJB content. Those agreements are commonly not considering enough the interests of other parties so it is being questioned whether it still gives consumers freedom. The absence of rules regarding Pre Project Selling in the Statutory Regulation that applicable to made controlling consumer protection is not optimal. The Government needs to make regulations on this matter.
Highlights
Freedom Contract is principle can enable the parties who make the Agreement according to their wishes
The strategy like this it is called Pre Project Selling marketing (Simamora, 1996). This strategy is considered by property developers to be the most reasonable and is very profitable, because later down payment that already payment by customer will be used as capital to build buildings. In this thing happened an agreement and mutual trust between the developer and the consumer who will be committed to giving their obligations to pay off the remaining payment when the housing unit has been established in accordance with the agreement. (Purbandari, 2013)
Wishes to the maximum extent possible. This is a form of the phenomenon of abuse of circumstances or called misbruik van omstandigheden is losing the freedom rights from buyer or customer in this agreement that stated in the standard contract (Kurniawan & Parameswary, 2014) Wirjono Prodjodikoro give an opinion that is a cause mentioned in an agreement is the content and purpose that resulted in the agreement being made (Wirjono P,2000) One of th example is in the property sales, submission of the ownership status of the property is the obligation of the property developer dan that have the obligation to do a payment is customer Causa that used in the agreement must be related with the purpose rather than making the agreement
Summary
Freedom Contract is principle can enable the parties who make the Agreement according to their wishes. It can conclude the regulation article 1338 freedom contract is not a principle that is not immediately inviolable, but while the Judge feels it needed to check the contract in the trial this is become causing one of the parties which is not free to describe the will he wants. In regulation article 1233 Civil Code, each well-formed binding because agreement of both two parties, both well according to the law AJB (Deed of sale & purchase) in front of Land Deed Making Officer (PPAT). The data is analyzed and linked to the issues that will be raised, it called the legal regulation of controlling the freedom contract principal in the pre-project selling system
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