Regulations Development Concerning Good Faith Principles in Land or House Purchase Agreements in Indonesia: Is It Important for Good-Faiths Buyers?

Abstract

The need for housing in Indonesia continues to grow and to meet these basic needs, many housing development companies offer models, facilities, and convenient payment methods. If the prospective buyer and developer have agreed, it will be stated in the form of a house and or land sale and purchase agreement that puts forward good faith principles. This study uses a normative juridical method and was supported by in-depth interviews with legal experts, and practitioners, showing that: 1) Land and or house buyers are generally economically weak, have legal control, and in various aspects often side with the aggrieved and disadvantaged parties in the judicial process in the court; 2) Legal protection for buyers with good faith is carried out in two ways, namely; preventive methods or legal protection are regulated by positive law and or clauses contained in the agreement. The repressive method of the buyer can directly demand the developer to fulfill all his obligations or through the Consumer Protection Agency and all methods must prioritize the principle of deliberation. If it is not successful, you can use litigation to a lawsuit file to a court that is examined and tried based on the criteria set out in the Circular er of the Supreme Court Republic of Indonesia, namely; Supreme Court Republic of Indonesia Number 7 of 2012, and The Supreme Court Republic of Indonesia Number 4 of 2016.

Keywords: regulation development, good faith, land or house, purchase agreement, Indonesia

DOI: 10.7176/JLPG/130-05

Publication date:March 31^st 2023