Implementation of Obligations for Developers in Fulfilling Property Purchase Binding Agreements through Pre-Project Selling During the Covid-19 Pandemic
Journal: International Journal of Arts and Social Science (Vol.4, No. 2)Publication Date: 2021-04-30
Authors : Denise Elysia Adhitya Pratama Nugroho;
Page : 10-93
Keywords : -Corona Virus Disease 2019 (Covid-19); force majeure; Pre project selling; Preliminary Agreement for Buying and Selling; restructuring;
Abstract
Buying and selling is a thing that people do in daily life is no exception to buying and selling rights to land and buildings. One of the buying and selling process that many housing businesses do is pre project selling. The number of enthusiasts with Home Ownership Loans is increasing, but not followed by the understanding of the legal process of ownership, especially in Pre Project Selling Agreement (Hereinafter called PPSA), where the process of transfer of rights juridically and physically has not occurred even though there has been a payment, this transaction process is a consequence of the marketing strategy pre project selling. The World Health Organization declared Covid-19 a global pandemic in March 2020. Then in April 2020, the government issued Presidential Decree No. 12 of 2020 concerning the Determination of Non-Natural Disasters the Spread of Corona Virus Disease 2019 (Covid-19) as a National Disaster (hereinafter referred to as Presidential Decree 12/2020). Therefore, legal issues arise, namely: (1) Due to The Law of Force majeure due to Covid-19 towards the fulfillment of achievements by developers in PPSA in Pre Project Selling and, (2) Product warranty and restructuring provide
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