Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Right of Buyers of Land and Buildings that have Not Been Certificate if the Seller is Declared Bankrupt

Author(s): Yulianto, Adriano, Mokhamad Khoirul Huda

In the perspective of Civil Law, sale-and-purchase transactions between a developer and the buyer of land and building (e.g., houses, stores, or apartments) under Sale and Purchase Binding Agreement on Land and Building is classified into the manifestation of freedom of making contracts as mentioned in Article 1338 Civil Codes. In Land Law, however, Act No. 5 Year 1960 about the Basic Regulation of Agrarian Affairs (i.e., UUPA) Jo, Government Regulation No. 37 1997 about Land Registry, the buyer’s position as mentioned in Sale and Purchase Binding Agreement (i.e., PPJB) is very weak. In addition, the perspective of Bankruptcy Law that deals with PPJB implies the vague process for curators to do registry and settlement toward the position of the buyer based on Sale and Purchase Binding Agreement of Land Rights. So that in this paper the problem arises how the curator's attitude towards the unclearness in the process of managing and settling the position of the buyer based on PPJB land rights if the developer is declared bankrupt.

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