CD Skripsi
Penyelesaian Wanprestasi Dalam Perjanjian Kerjasama Bagi Hasil Pembangunan Rumah Tinggal Antara Pihak Pertama Sebagai Pemilik Tanah Dengan Pihak Kedua Sebagai Developer
Default is the non-fulfillment of obligations by the debtor to creditors as previously agreed or in an agreement where one or both parties bound by an agreement do not perform the obligations or achievements written in the agreement. According to Article 1338 paragraph (1) the agreement made by the parties is a law for those who make it. In the Residential Construction Cooperation Agreement between the Second Party as the Land Owner and the Second Party as a developer, there is a default in which the developer does not carry out its obligations, namely not building housing units that have been promised to be built as a form of implementation of the agreement, resulting in other articles in the agreement also not being implemented. Default that occurs results in losses for landowners. This study aims to determine the implementation and settlement of defaults in the Residential Development Cooperation Agreement between the First Party as the Land Owner and the Second Party as the Developer.
The research method used is sociological or empirical research, namely by interviewing the parties contained in the agreement as a means of collecting data. In this study, the author conducted direct research on the research location to obtain data, materials and information related to this study.
The conclusion that can be obtained from the results of this study is that related to the implementation of the Residential Development Cooperation Agreement between the First Party as the Land Owner and the Second Party as the Developer, which was agreed by the parties could not be carried out properly because the developer defaulted by not building the housing unit. Settlement of defaults that occur in the cooperation agreement for the construction of a residential house between the first party as a landowner and the second party as a developer can be taken by means of litigation and non-litigation settlements, which is litigation, namely through the court and non-litigation or outside the court, namely through negotiation, conciliation, consultation, mediation and expert opinions.
Keywords: Cooperation Agreement, Default, Settlement
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