E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 4, Issue 2, 2024

Problematics of Sale and Purchase Binding Agreements Made by a Notary without the Creditor's Consent

Author(s): Imam Sanusi, Bhim Prakoso, Firman Floranta Adonara

DOI: https://doi.org/10.62225/2583049X.2024.4.2.2487


Housing and settlements have an important function and role in people's lives, because they reflect and embody human identity, both individually and in an integrated unity and togetherness with the natural environment. People's desire to get a decent home for themselves and their families continues to increase and is proven by people's enthusiasm in using the KPR program. The government's efforts to overcome this problem were delegated to the Ministry of Public Works and Public Housing through the Director General of Public Works and Housing Infrastructure Financing to organize the FLPP program, which is a form of government attention to Low Income Communities. The problem with making a PPJB deed is that the notary often does not understand the position of the parties, so he is still willing to make the PPJB Deed, even though there are losses that will arise in the future. A PPJB Deed and Authorization to Sell Deed were drawn up, even though what was done at a glance looked legal, in substance there was no legal protection for creditors or third parties. Because it is very possible for the debtor to give up or disappear and therefore not want to take responsibility for the process. Therefore, the author will examine whether a binding sale and purchase agreement for the transfer of mortgage rights without creditor approval made by a notary can provide legal certainty.

Keywords: PPJB, Notary, Legal Certainty

Pages: 318-325

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