Pelaksanaan Perjanjian Pendanaan Dalam Perjanjian Bangun Bagi Di Kelurahan Tanjung Sari Medan (Relevansinya Dengan Tanggung Jawab Notaris)
Total View This Week0
Total View This Week0
Institusion
Universitas Sumatera Utara
Author
Perangin-Angin, Julianita
Subject
Financing Agreement
Datestamp
2018-03-16 15:06:38
Abstract :
Build-share contract is a contract which comes from people?s need because of the rapid development of business law. It is made between developers and land owners, and it is usually preceded by financing agreement among developers who gather an amount of financing for buying land and constructing a real estate according to their agreement. The research problems were as follows: how about the implementation of financing agreement in a build-share contract, how about legal consequence when there was default of one of the parties in implementing financing agreement in build-share contract, and how about Notary?s liability when a dispute occurred because of the default of one of the parties in constructing the real estate at Kelurahan Tanjung Sari, Jalan Setia Budi, Medan. The research used normative juridical method which was done on the prevailing legal provisions, especially contract law in Book III of the Civil Code. The nature of the research was descriptive analytic which was aimed to describe, explain, and analyze the research problems and found the answers and the solution. The result of the research showed that the implementation of financing agreement in the build-share contract in the construction of the real estate at Kelurahan Tanjung Sari, Jalan Setia Budi, Medan, was started by making a financing agreement by four developers: developer A shared 30%, developer B shared 40%, developer C shared 20%, and developer D shared 10% of the total capital for constructing a real estate on the land area of 10,729 m2. The legal consequence was that there was default of the developers, in constructing the real estate at Kelurahan Tanjung Sari, Jalan Setia Budi, Medan. Two land owners who were harmed filed a complaint. However, before the litigation occurred, there was a negotiation between developers and them before a Notary, and the settlement was done by the developers? adding some funds for the land acquisition owned by the two land owners so that the construction of the real estate could be carried out. The Notary?s liability in the dispute due to the default of one of the parties in constructing the real estate at Kelurahan Tanjung Sari was only ethic and moral responsibility by giving legal advice to the conflicting parties so that the dispute was settled by negotiation.
Build-share contract is a contract which comes from people?s need because of the rapid development of business law. It is made between developers and land owners, and it is usually preceded by financing agreement among developers who gather an amount of financing for buying land and constructing a real estate according to their agreement. The research problems were as follows: how about the implementation of financing agreement in a build-share contract, how about legal consequence when there was default of one of the parties in implementing financing agreement in build-share contract, and how about Notary?s liability when a dispute occurred because of the default of one of the parties in constructing the real estate at Kelurahan Tanjung Sari, Jalan Setia Budi, Medan. The research used normative juridical method which was done on the prevailing legal provisions, especially contract law in Book III of the Civil Code. The nature of the research was descriptive analytic which was aimed to describe, explain, and analyze the research problems and found the answers and the solution. The result of the research showed that the implementation of financing agreement in the build-share contract in the construction of the real estate at Kelurahan Tanjung Sari, Jalan Setia Budi, Medan, was started by making a financing agreement by four developers: developer A shared 30%, developer B shared 40%, developer C shared 20%, and developer D shared 10% of the total capital for constructing a real estate on the land area of 10,729 m2. The legal consequence was that there was default of the developers, in constructing the real estate at Kelurahan Tanjung Sari, Jalan Setia Budi, Medan. Two land owners who were harmed filed a complaint. However, before the litigation occurred, there was a negotiation between developers and them before a Notary, and the settlement was done by the developers? adding some funds for the land acquisition owned by the two land owners so that the construction of the real estate could be carried out. The Notary?s liability in the dispute due to the default of one of the parties in constructing the real estate at Kelurahan Tanjung Sari was only ethic and moral responsibility by giving legal advice to the conflicting parties so that the dispute was settled by negotiation.
Download
book
BibTex
Latex, Jabref
cloud_download
Original Resource
url resource Institution
