Era Hukum: Jurnal Ilmiah Ilmu Hukum
Vol. 22 No. 2 (2024): Era Hukum: Jurnal Ilmiah Ilmu Hukum

Beyond Suspicion: Proving Market Manipulation

Tiffani Aprillya Purba (Faculty of Law, Universitas Tarumanegara, Jakarta, Indonesia)
Rasji Rasji (Faculty of Law, Universitas Tarumanegara, Jakarta, Indonesia)



Article Info

Publish Date
30 Jun 2024

Abstract

In the case of commercial apartments it is generally the parties who enter into a preliminary agreement before the execution of the final sale deed. Problems arise when the buyer has fully performed the obligations under the preliminary sale and purchase agreement, but the developer does not execute the final deed and does not transfer the ownership certificate. The situation becomes more complicated when the developer exchanges the agreed flat unit through a homologated debt restructuring settlement, which can cause losses to a good-faith buyer. The present study aims to investigate the legal protection to the good faith buyer and the legal remedies that can be taken to settle the disputes arising from the nonperformance of the developer to perform its obligation. This study uses a normative legal method with a statutory approach and a conceptual approach. The analysis concerns the legal position of the purchaser, obligations of the developer in contract, and legal remedies available to protect the rights of purchasers. The results indicate that good faith buyers, who have fulfilled their contractual obligations in full, can claim breach of contract, ask for the cancellation of the preliminary sale and purchase agreement, and oppose the homologated settlement agreement when it leads to the loss of their rights. The study concludes that good-faith buyers in commercial flat transactions require effective dispute resolution and appropriate legal remedies to confer legal protection, justice, and certainty.

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Journal Info

Abbrev

hukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

"Era Hukum: Jurnal Ilmiah Ilmu Hukum" (ISSN 0854 8242 | e-ISSN 2581 0359) merupakan media diseminasi (penyebarluasan) hasil penelitian, analisis putusan maupun kajian ilmiah konseptual dari akademisi maupun praktisi bidang hukum di seluruh Indonesia. "Era Hukum: Jurnal Ilmiah Ilmu Hukum" terbit 2 ...