LEGAL ANALYSIS OF AGREEMENTS ON THE PROCESS AND POST-CREDIT OF HOME OWNERSHIP IN TRUSMILAND CIREBON REGENCY

Abstract

The purpose of writing this article is to find out the Agreement Procedure and Legal Analysis of the Process and Problems after the Home Ownership Credit (KPR) agreement at Trusmiland Cirebon Regency. The method used in writing this article is qualitative research with data collection through direct interviews and literature studies with the aim of obtaining holistic data from the problems studied. The results found that the Home Ownership Credit (KPR) agreement procedure at Trusmiland, Cirebon Regency, includes four main requirements: a minimum age of 21 years or ever married, a clean credit history, a minimum income of IDR 3,000,000, and a certain working period. The application process begins with booking the unit, followed by BI checking, filing, and submission to the bank. Once approved, the debtor signs a credit agreement and a deal with the developer. In legal analysis, 21 years of age is considered an adult according to Article 330 of the Civil Code, while a clean credit history is important to guarantee merit. If there are problems in BI checking or the down payment is not fully returned, the agreement can be considered to contain errors or fraud, as stipulated in Article 1338 of the Civil Code. If the developer fails to fulfil its obligations, the principle of exceptio non adimpleti contractus applies, which relieves the debtor from the obligation to pay until the developer fulfils the performance according to the agreement.