DEVELOPER'S RESPONSIBILITY IN DEED OF PAYMENT

GUARANTEE RELATED TO GRANTING OF HOUSE

OWNERSHIP LOAN FACILITY

By:

Gramiko Kaharap,^[1] Abdul Halim Barkatullah,^[2] Rachmadi Usman[3]

     Master of Notarial Studies, Lambung Mangkurat University

ABSTRACT

Keywords: Developer, Bank, Payment Guarantee

This research aims at analyzing in depth whether the legal relationship between developer, bank and the debtor in the Payment Guarantee Agreement is in conformity with the previling law and what are the legal consequences for the developer in his position as a seller in the deed payment guarantee agreement. Type of in this research is normative legal research wich is carried out by using statutory approach and a conceptual approach, the characteristic of this research is analytical prescriptive, and the research data is the form of primary and secondary legal resources. Method of data collection is carried out using documentary study techniques, while the  analysis is carried out with deductive logic and by conducting interpretation of the legislation. Based on the results of this research, it can be  concluded that firstly, the concept of the Payment Guarantee cooperation agreement is actually a debtor’s guarantee by the developer to the bank, where there is under influence (misbruik  van om stadigheden) or an abuse of economic power that takes cover behind the principle of prudential banking by the bank to the developer wich causes disproportionality of law. Secondly, regarding the legal consequences of an imbalance of position in the Payment Guarantee cooperation agreement, there are clauses that are unbalanced and detrimental to the developer as stated in Article  9 paragraph (5) of the cooperation agreement, as well as the evidencing powes is weak because the agreement constitutes unauthentic agreement.