Wanprestation In The Implementation Of The Griya Puri Husada Husada Housing Development Cooperation Agreement Between The Land Owner And The Developer

Abstract

Abstract

This study discusses the two parties, namely the land owner and the developer who wishes to build a place to live in a house which is reached by entering into a production sharing agreement. The contents of the agreement agreed upon by both parties are that the land owner is willing to hand over the land and its certificate of ownership and transfer the name to the developer and share the results of the building with the land owner. but in the middle of the agreement the landowner's family did not agree to the agreement and wanted to cancel the agreement unilaterally and asked for the certificate of land ownership back, but this was a certificate of land ownership that had not been returned by the developer, the land owner reported the developer on suspicion of embezzlement land certificate to the police. Have a problem formulation that explains how the conflict of agreements for the results of cooperation in building houses at PT. Alam Prima Riau with land owners in Pekanbaru and how to resolve conflicts that arise between owners of cooperation with PT. Alam Prima Riau in a development agreement with a land owner in Pekanbaru. This research uses the empirical method or also known as the sociological approach which has the nature of descriptive analysis. Data collection in this study was obtained through interviews and documentation with the developer, namely PT. Alam Prima Riau, land owner and notary public, was then analyzed using a descriptive analytical method with a deductive mindset. The results of the study concluded that the implementation of production sharing agreements on land rights between landowners and developers is to hand over or provide land and SHM of land to the developer as the executor of housing development to build a number of houses on the landowner's land. And in the implementation of the Production Sharing Agreement it did not work as it should. The causal factor is the landowner's family who do not agree to carry out the process of returning the name of the land certificate to the developer. The settlement is through mediation by resolving it by deliberation which then carries out a peace deed involving a notary as a mediator.

Keywords : Build Sharing Agreement, Default, Dispute