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THE EXISTENCE OF BUYBACK GUARANTEE IN INDONESIAN SECURITY LAW RELATED TO HOUSE PURCHASE FROM DEVELOPER WITH KPR FACILITY: THE EXISTENCE OF BUYBACK GUARANTEE IN INDONESIAN SECURITY LAW RELATED TO HOUSE PURCHASE FROM DEVELOPER WITH KPR FACILITY Sonya, Assyfa Putri; Suherman, Suherman
PENA LAW: International Journal of Law Vol. 2 No. 3 (2025): JANUARY
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i3.204

Abstract

Buyback Guarantee is generally used in banking practice, but its regulation in Indonesian positive law is still limited. Buyback Guarantee is basically a guarantee given by the developer to the buyer or bank, which ensures the repurchase of the property in the event of inability or failure in the sale and purchase process. In the context of guarantee law, Buyback Guarantee reflects the application of the principle of freedom of contract and the principle of prudence (prudential banking), which aims to provide protection and legal certainty for banks and consumers. However, the Buyback Guarantee agreement is not explicitly regulated in the Civil Code (KUHPerdata), so its existence in Indonesian guarantee law still poses challenges in terms of its application and regulation.
Protection Of Consumer Rights In KPR Agreements With Buy Back Guarantee Clauses (Case Study of Decision Number 9/Pdt.G/2021/PT.BTN) Sonya, Assyfa Putri; Suherman
KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i3.3238

Abstract

Home Ownership Credit (KPR) agreements with buy-back guarantee clauses are increasingly used by developers to provide additional assurance for consumers. However, the implementation of these clauses often leads to ambiguity in consumer rights and legal protection. This research aims to analyze the legal protection of consumer rights in KPR agreements with buy-back guarantee clauses, focusing on the analysis of Decision Number 9/Pdt.G/2021/PT. BTN. Using a normative juridical method with a case study approach, the research highlights the inefficiency of buy-back guarantee clauses in providing effective protection, especially concerning refund rights in cases of developer default. The study emphasizes the importance of strengthening regulations and legal protections in KPR agreements to ensure consumer legal certainty. The findings indicate that consumers frequently lack clarity on their rights, leading to potential exploitation. Furthermore, the study emphasizes the necessity of strengthening regulations and legal protections within KPR agreements to ensure consumer legal certainty. The clauses can be increased transparency and comprehensive information disclosure to empower consumers and uphold their rights effectively. Enhanced a legal safeguards are essential for enabling consumers to confidently navigate KPR agreements, thereby fostering trust in the housing finance sector and ensuring their rights are effectively protected.
STRATEGI PENDAFTARAN MEREK DAGANG SERTA REALISASI MEREK UNTUK MENINGKATKAN REPUTASI PELAKU USAHA MIKRO KECIL MENENGAH (UMKM) BERDASARKAN UNDANG-UNDANG MEREK DAN INDIKASI GEOGRAFIS DI DAERAH JAKARTA SELATAN Novyana, Hilda; Clarence, Jennifer; Sonya, Assyfa Putri; Halikha, Nazwa; Triana Putri, Elvira; Marchela, Amelia
Jurnal Kreatif : Karya Pengabdian untuk Masyarakat Aktif dan Inovatif Vol 1 No 01 (2024): JANUARI
Publisher : Zhata Institut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64578/jkreatif.v1i01.16

Abstract

The existence of a registered brand also provides an opportunity for UMKM to build a positive image and increase competitiveness in the market, and brand registration is an investment to protect business assets and ensure business continuity. This research aims to provide information about the importance of brands and business permits, as well as providing UMKM with the opportunity to register brands and business permits for free. The research method used in this research is a legal method, cognitive in nature with a workshop approach method, a lecture which ends with a discussion session with the community with the aim of participants getting the opportunity to understand the importance of the brand. The results of the research from this outreach were that this outreach was attended by 15 UMKM in JABODETABEK, and based on the results of the questionnaire given to 15 respondents, it can be concluded that knowledge about brands is quite extensive among them, with 100% of respondents stating that they know what a brand is. Keywords : Brand; Business Licensing; UMKM