| Summary: | This research is juridical normative-empirical study. Normative for this
research studied law document which was court verdict also other documents
investigation, whereas empirical for this research also seen and portrayed
phenomena occurred within society thus field research needed. As for research
juridical aspect was because examining issue studied based on law regulations or
doctrines.
Data used in the research was secondary data obtained through literature study
and primary data obtained from field study by interview technique.
From research result revealed that realty trading according to National Realty
Law based on customary law, ownership rights transition happened when Trading
Certificate is signed, therefore in realty trading with gradual payment, Trading
Certificate will only be signed after the realty is paid off. By that means, a trading
bond agreement is made during payment period hence guarantee realty trading
success when the price is paid off.
Realty trading accompanied by Debt Admission Certificate could be occurred
because in time of Trading Certificate signing, prearranged realty price is not
fully paid off thus rest of the realty price payment presented into debt admission
certificate using warranty. Judge verdict in case Number 309/Pdt.G/2006/PN.Dps
which cancelled realty trading accompanied by Debt Admission Certificate was
improper. This was because realty trading and Debt Admission Certificate are two
different law acts where realty trading was completely carried out and legally
accomplished, whereas Buyer who could not settle rest of the realty price
basically default to Debt Admission Certificate hence warranty within the Debt
Admission Certificate is the one should be executed.
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