| dc.description.abstract | Since the beginning of time, housing has been one of the most important
basic human needs. These years, real-estate and property businesses are thriving
more than ever. The increase of housing demands while catering to limited land
plots has created a challenge for people to find strategic places. Surabaya is no
exception. Majority of consumers choose to buy homes with house loan
installments instead of paying in cash. In this transaction, there are several parties
which cannot be separated: Consumer, Developer, and the Bank. But with the
thriving demand of the housing industry, it comes with many legal disputes. One of
them is the difficulty to receive official house certificate from the Developer party.
The purpose of this research is to understand whether Bank X is responsible
if the house loan installment has been paid off and the official house certificate has
not been submitted to the consumer. The second purpose is to find out a legal
solution in regards of incomplete house certificate, even though consumer already
fulfilled their payment of the house loan. The type of research used is Doctrinal,
which means conducting a literature study using various legal theories and also
regulations.
The result of this research indicate that Bank X is not responsible because
the bank itself already fulfilled its responsibility by giving the house loan to the
consumer. It was also shown in the Credit Agreement that consumer has agreed not
to sue the Bank if the Developer has not fulfilled the obligations in regard of the
official house certificate. The second result was that there are two legal solutions in
regard of the house certificate settlement. The legal solution offered is resolved by
deliberation and the second is carried out by arbitration | en_US |
