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ABSTRAKTesis ini membahas mengenai klausula dalam perjanjian pengikatan jual beli,
khususnya mengenai masalah kesesuaian isi perjanjian dengan peraturan perundangundangan
yang berlaku dan perlindungan terhadap pembeli rumah susun. Penelitian
ini menggunakan metode penelitian yuridis normative. Rumah susun berkembang
dari tuntutan kebutuhan akan tempat tinggal di kota besar tidak diimbangi dengan
ketersediaan tanah dan harga tanah yang mahal. Penjualan sebelum pembangunan
selesai dimungkinkan dengan melakukan perjanjian pengikatan jual beli. Bentuk
perjanjian tersebut sudah disiapkan oleh pengembang. Akibatnya, pembeli harus
menerima perjanjian tersebut. Dari hasil penelitian ini dapat disimpulkan bahwa
terdapat beberapa klausula yang kurang memberikan perlindungan hukum kepada
pembeli rumah susun.
ABSTRACTThis thesis discusses the binding clauses in the preliminary sale and purchase
agreement, particularly on the congruence of the agreement with the legislation and
the legal protection of the buyers. This research used juridical norms approach as
research method. The growing demands of housing in big city are not supported with
the availability of the land and expensive land prices. It is possible to do preliminary
sale before the development is completed by signing the preliminary sale and
purchase agreement. The agreement has been prepared by the developer in standard
form contact. As a result, the buyers must accept the agreement as is. The research
concluded that some clauses are not complying with the legislation yet and not
provide sufficient legal protection to the apartment buyers.;This thesis discusses the binding clauses in the preliminary sale and purchase
agreement, particularly on the congruence of the agreement with the legislation and
the legal protection of the buyers. This research used juridical norms approach as
research method. The growing demands of housing in big city are not supported with
the availability of the land and expensive land prices. It is possible to do preliminary
sale before the development is completed by signing the preliminary sale and
purchase agreement. The agreement has been prepared by the developer in standard
form contact. As a result, the buyers must accept the agreement as is. The research
concluded that some clauses are not complying with the legislation yet and not
provide sufficient legal protection to the apartment buyers.;This thesis discusses the binding clauses in the preliminary sale and purchase
agreement, particularly on the congruence of the agreement with the legislation and
the legal protection of the buyers. This research used juridical norms approach as
research method. The growing demands of housing in big city are not supported with
the availability of the land and expensive land prices. It is possible to do preliminary
sale before the development is completed by signing the preliminary sale and
purchase agreement. The agreement has been prepared by the developer in standard
form contact. As a result, the buyers must accept the agreement as is. The research
concluded that some clauses are not complying with the legislation yet and not
provide sufficient legal protection to the apartment buyers., This thesis discusses the binding clauses in the preliminary sale and purchase
agreement, particularly on the congruence of the agreement with the legislation and
the legal protection of the buyers. This research used juridical norms approach as
research method. The growing demands of housing in big city are not supported with
the availability of the land and expensive land prices. It is possible to do preliminary
sale before the development is completed by signing the preliminary sale and
purchase agreement. The agreement has been prepared by the developer in standard
form contact. As a result, the buyers must accept the agreement as is. The research
concluded that some clauses are not complying with the legislation yet and not
provide sufficient legal protection to the apartment buyers.]