Good Faith In Implementation of House Ownership Credit in Private Company

International Journal of Research and Innovation in Social Science (IJRISS) | Volume III, Issue I, January 2019 | ISSN 2454–6186

Good Faith In Implementation of House Ownership Credit in Private Company

Gilang Mahardhika1, Moch.Najib Imanullah, S.H., M.H., P.hD2, Dr. Arief Suryono, S.H., M.H3

1Master Student of Legal Science, Sebelas Maret University, Indonesia
2Faculty of Law, Sebelas Maret University, Indonesia
3Lecturer of Faculty of Law, Sebelas Maret University, Indonesia

Abstract:-This research aims to find out the process of house ownership credit implementation in the company and to indentify fulfillment and nonfulfillment of good faith principal between customer and PT. KandangKarya Perkasa. House Ownership Credit is a credit conducted to purchase a house or other consumptive needs with house as the collateral or assurance. This research uses juridical empirical approach. The nature of this research is diagnostic with statute approach, and conceptual approach. Technique of collecting data was conducted by interview, observation, and literature review with three steps, they are; data reduction, data display, and conclusion drawing. Based on the research finding, it can be drawn a conclusion from general into specific issue. The actions which do not have good faith are shown n the implementation of house ownership credit, especially when a customer breach of contract (such as the customer does not pay home installment payment on due date), dishonest in giving information for administrative requirements, and the customer does not meet the requirements in applying for credit. Therefore, legal protection toward PT. KandangKarya Perkasa is conducted using preventive measure. It requires supervision, and binding agreement of credit assurance for both parties. Then it is also conducted using repressive measures by selling, auction of collateral goods, and emptying the house which is carried out in accordance with applicable procedure as stated in the agreement which has been made by both parties.

Keywords: Legal Protection, Good Faith Principle, House Ownership Credit Agreement

I. INTRODUCTION

Shelter is human basic need which strategically important in developing nation’s character and personality in order to shape the people of Indonesia to be whole human being, embrace their own self-identity, independent and productive.

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