Perlindungan Hukum Yang Seimbang Dalam Perjanjian Bangun Bagi Yang Dibuat Dengan Akta Notaris

Abstract

This study aims to explain the responsibilities of the developer in the Build-Share agreement and the legal consequences for the developers who do not carry out their duties as stipulated in the Build-Share agreement. This is a normative legal research which applies statutory and case approaches. Legal materials of this research are collected through documentary study of textbooks, articles and others. This research reveals some findings: 1) As shown by the District Court Decision of Sigli Number 05 / Pdt.G / 2018 / PN-SGi,developers ignore the principle of good faith in carrying out their duties as stipulated in the Build-Share agreement made on November 17, 2008 under notarial deed Number: 26, that causes the land-owner suffers lost. 2) A share given to the land-owner is not completely in accordance with what was previously agreed. According to the the agreement agreed by the developer and land-owner, it stipulates that the developer agreed to build six units of stores where four units of it will be the share of the developer and the last two will be for the land-owner., There are differences between the agreement and its applications. In the level of practice, the developer built ten units of stores, where two units of it is given to the land-owner, whereas the remains (the last eight) for the developer .