DUALISME PERJANJIAN DALAM PERIKATAN JUAL BELI TANAH KAVLING PADA PT. BERLIAN MULIA ABADI

AHMAD RIDHA JAFAR,, NIM. 17203010080 (2020) DUALISME PERJANJIAN DALAM PERIKATAN JUAL BELI TANAH KAVLING PADA PT. BERLIAN MULIA ABADI. Masters thesis, UNIVERSITAS ISLAM NEGERI SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This research begins with the author's anxiety about the land purchase agreement at PT Berlian Mulia Abadi. As the developer, who sold his 2-hectare plot of land to 153 lots, took place in Rongkop, Gunung Kidul, Yogyakarta. At first the developer gave a promotion to potential buyers with an initial price of Rp. 10,000,000, - which is then used to finance UMKM that partner with the company, so that within 24 months, they can pay the remainder of the land price of Rp. 40,000,000. That is, the price of land really is Rp. 50.000.000, - but there is a difference in the agreement between the developer and the buyer with the agreement made before a notary public as stated in the purchase and purchase agreement.This type of research uses normative / descriptive law, which is studying the implementation of normative law, Law. Then it is done by doing research directly to PT. Berlian Abadi Mulia, while the analysis of the method data used is normative analysis of legal substance. In the data analysis method used, the writer uses library, interview and documentation methods.This type of research uses empirical normative law which is where studying the application of normative law, Law. Then conducted by conducting research directly to Bank NTB Syariah in Bima, while the data analysis method used is normative legal substance analysis. In the data analysis method used the authors use the method of literature, interviews and documentation. The results of this study concluded: 1) The legal position in the dualism of the sale and purchase agreement of land at PT Berlian Mulia Abadi has a very strong legal position, because in the implementation of the binding contract of sale and purchase of land rights carried out before a notary, if viewed from the legal conditions of an agreement, the binding agreement on the sale and purchase of land rights at PT Berlian Mulia Abadi can be said to be valid and binding between the parties. 2) The practice that occurs in the sale and purchase of land at PT Berlian Mulia Abadi begins with the down payment made by the buyer to the developer, which then must be paid within 24 months, and if the buyer cannot make the settlement of the transaction, then the advance payment that has been paid by the buyer becomes the ownership of the developer. Regarding the practice of forfeiting the down payment when the buyer does not make the remaining payment, this is the risk of the buyer in the land purchase agreement clause, because the advance is a binding right to the buyer within the specified time period. If there is no advance payment, then of course the seller will offer to other buyers. In addition, advances have been paid by the buyer as a grant for compensation made by the developer. Syafi'iyyah states that buying and selling with this system is illegal, because it contains gharar, eats up other people's property, conditions for grants and conditions for returning goods if it is not preferred. Meanwhile, Hanabilah allow buying and selling with this system, because it has become the basis of commitment in business relations, as well as the opinion of Wahbah az-Zuhaili and fatwa NO: 13 / DSN-MUI / IX / 2000 which allows buying and selling with an advance system.

Item Type: Thesis (Masters)
Additional Information: PROF. DR. H. SYAMSUL ANWAR, M.A.
Uncontrolled Keywords: dualism, agreement, PT Berlian Mulia Abadi, developer
Subjects: Ilmu Hukum
Divisions: Pascasarjana > Thesis > Hukum Islam > Syari'ah dan Hukum
Depositing User: Drs. Mochammad Tantowi, M.Si.
Date Deposited: 30 Apr 2020 08:37
Last Modified: 30 Apr 2020 08:37
URI: http://digilib.uin-suka.ac.id/id/eprint/39155

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