The problematics of obtaining the building rights title upon the payment of the housing loan in real estate z Surabaya
Astrid Athina Indradewi, Sari Mandiana, Andyna Susiawati
Housing is one of the basic human needs. A majority of consumers buy a house with a Home Loan (in Indonesia also known as “Kredit Pemilikan Rumah”) system through banks. The demand for housing that continues to increase from year to year is directly proportional to the dispute over land rights certification between consumers and developers. The purpose of this research is to understand whether Bank X as a home loan provider is responsible if the home loan has been paid off, meanwhile the land certificate in Real Estate Z has not been submitted to the consumer. Furthermore, to find a legal solutions as an effort to settle the dispute over the land ownership certificate of the land once the consumer has paid off the home loan in Real Estate Z. The type of research used is Normative or Doctrinal Jurisprudence by conducting a literature study of various legal theories, laws and regulations. The results showed that Bank X was not responsible for the disagreement over certificates of ownership of land rights because Bank X had fulfilled its obligations in providing home loan facilities to consumers. In addition, there is a clause in the Credit Agreement stated that the consumer as a Debtor has agreed not to sue the bank if the obligations of the Developer or Seller to the Debtor or Customer regarding to the completion of the building rights title certificate have not been fulfilled. Whereas the legal solution offered to the certificate of ownership rights over the land is deliberation and by arbitration.
Astrid Athina Indradewi, Sari Mandiana, Andyna Susiawati. The problematics of obtaining the building rights title upon the payment of the housing loan in real estate z Surabaya. International Journal of Law, Volume 6, Issue 1, 2020, Pages 138-143