Urgency of Notary Engagement as a Limitation on the Freedom of Contracts on the Pre-Project Selling Events

Abstract

Agreement is an uncountable number of events occurring even in one day. Considering agreement is a civil sphere, and events in the civil sphere are certainly more likely to occur than criminal events. The agreement itself in the rule of law in Indonesia, is regulated by Burgerlijk Wetboek (BW) that its nature is free to determine its substance, which is the incarnation of the freedom of contract principle which is contained in Article 1338 BW. This freedom of contract principle can be utilized by all parties in all agreements, provided that the agreement is valid as Article 1320 BW. One kind of agreement that utilizes this principle, is the pre project selling agreement, which is one of the selling methods that rife today. Nevertheless, this principle is one of the causes of loss to the buyer (prospective owner) which often occurs when the object is ready. Therefore, it is necessary to limit this principle in the event of pre project selling. The results of this study are the need of a public notary role in the pre project selling agreement, as one way to limit the freedom of contract principle which often resulting in detrimental to the buyer (prospective owner).