ANALISIS PERLINDUNGAN HUKUM NASABAH KREDIT PEMILIKAN RUMAH TERHADAP PERUSAHAAN DEVELOPER PERUMAHAN YANG PAILIT
Fakhriy Ilmullah, Dr. Taufiq El Rahman, S.H., M.Hum.
2023 | Tesis | S2 ILMU HUKUM JAKARTA
The purpose of this thesis is: (1) To understand and analyze the obligation of mortgage customers to pay installments to the mortgage provider bank when housing developers are declared bankrupt; and (2) To understand and analyze the certainty and legal protection of home ownership for legal subjects who purchase homes through the mortgage system and continue to pay installments even though the developer company has been declared bankrupt.
The research method used in this thesis is normative empirical legal research, which combines normative and empirical legal research by combining primary data obtained through empirical research, using data collection methods such as interviews with respondents who are knowledgeable about the legal events being studied and expert sources in the field being studied, and combining them with secondary data obtained through normative research using literature review methods.
Based on the analysis and discussion, the following conclusions can be drawn: (1) Mortgage customers who have purchased a home and subsequently have the housing developer declared bankrupt, in this case, KSO PT Graha Cipta Suksestama and PT Niman Internusa, are obligated to continue paying their installments due to the legal relationships involved, namely the contractual relationship between the mortgage customer and the bankrupt developer, and the loan relationship between the mortgage customer and the mortgage provider bank; (2) Mortgage customers who have purchased a home and subsequently have the housing developer declared bankrupt can seek legal protection by filing a miscellaneous claim based on Article 3 of Law 37/2004 to the Commercial Court at the domicile of the bankrupt debtor, requesting that the land and building they have purchased be excluded from the list of bankruptcy assets, and the curator, in the process of liquidating the bankruptcy assets, which include the land and building previously purchased by the mortgage customers, can use the provisions of Article 185 paragraph (3) of Law 37/20
Kata Kunci : Perlindungan Hukum, Kredit Pemilikan Rumah, Pailit