Supervision of Housing Development

Oct 13, 2025 by talynt.org 29 views

Legal Protection for Banks to Purchase Home Indent Credit (KPR) through Housing Developers: A Study at PT. Bank Negara Indonesia (Persero) Tbk. Loan Center Medan

Introduction

The purchase of houses through a home ownership credit system (KPR) has become a popular option for many individuals in Indonesia. However, the system has two types: House Ready Stock and Home Indent. While ready stock houses are houses that are ready to live in with electric and water facilities installed, home indent is a house that will be built after a buyer is ordered through a developer (developer). The indent house purchase system has a high risk for banks as credit providers, as they are vulnerable to default developers in building houses and debtor default in paying mortgage installments.

This study aims to examine how the legal relations regulation between banks and developers in the purchase of indent houses through mortgages, legal problems faced by banks in the indent housing purchase system, and legal protection for banks in the indent housing purchase system through developers. The research method used is normative juridical with an analytical descriptive approach. Secondary data are obtained from literature research, while primary data is obtained through field studies and interviews. The data obtained is then analyzed logically, systematically, and deductively.

The Regulation of Legal Relations between Banks and Developers

The regulation of legal relations between the bank and the developer in the purchase of the home of indent through KPR was regulated in Bank Indonesia Circular Letter Number 15/40/DKMP on September 24, 2013 concerning the Application of Risk Management to Banks that provide credit or financing property ownership. Although it has been regulated, in practice there are often default developers in building houses and debtors in paying mortgage installments.

The regulation of legal relations between banks and developers is crucial in minimizing the risk of default developers and debtors. The regulation provides a framework for banks to assess the ability of developers in building houses and the ability of debtors in paying mortgage installments. It also provides a mechanism for banks to supervise the construction of houses and to ensure that the developer is building the house in accordance with the agreement.

Legal Problems Faced by Banks in the Indent Housing Purchase System

Despite the regulation of legal relations between banks and developers, banks still face several legal problems in the indent housing purchase system. Some of the legal problems faced by banks include:

Default developers: Developers may default in building houses, which can result in a loss for the bank.
Debtor default: Debtors may default in paying mortgage installments, which can result in a loss for the bank.
Lack of transparency: The lack of transparency in the indent house purchase system can make it difficult for banks to assess the risk of default developers and debtors.
Lack of regulation: The lack of regulation in the indent house purchase system can make it difficult for banks to protect their interests.

Legal Protection for Banks in the Indent Housing Purchase System

To protect themselves from the risks associated with the indent housing purchase system, banks can take several steps, including:

*** Assessment of developers and debtors: ** The bank conducts a comprehensive analysis of the ability of the developer in building a house and the ability of the debtor in paying mortgage installments. *** Supervision of Housing Development: ** The bank oversees the construction of a regular home by making a KPR disbursement in stages in accordance with the progress of house construction. *** **BUYBACK GUARANTEE (BUYBACK GUARANTE): ** The bank and developer make a written agreement stating that the developer will buy back a house from the bank if the debtor defaults in paying installments. *** Insurance: ** The bank involves insurance companies to protect their interests from the risk of debtor death or damage to home due to natural disasters such as fires or earthquakes.

Conclusion

This study provides an overview of the importance of clear legal relations between banks and developers in the indent house purchase system through KPR. The implementation of the right protection mechanism will minimize risk and increase security for banks in providing credit for the purchase of home-houses.

Recommendations

This study provides several recommendations for banks, developers, and prospective home buyers indent:

Banks: Banks should conduct a comprehensive analysis of the ability of developers in building houses and the ability of debtors in paying mortgage installments. Banks should also supervise the construction of houses and ensure that the developer is building the house in accordance with the agreement.
Developers: Developers should ensure that they are building houses in accordance with the agreement with the bank. Developers should also ensure that they are providing accurate information to the bank about the progress of house construction.
Prospective home buyers indent: Prospective home buyers indent should ensure that they understand their risks and rights in buying indent houses through KPR. Prospective home buyers indent should also ensure that they are aware of the terms and conditions of the credit agreement.

Limitations of the Study

This study has several limitations, including:

Limited scope: The study only focuses on the indent house purchase system through KPR.
Limited data: The study only uses secondary data obtained from literature research and primary data obtained through field studies and interviews.
Limited analysis: The study only analyzes the legal relations between banks and developers in the indent house purchase system.

Future Research Directions

This study provides several future research directions, including:

Study on the indent house purchase system through other types of credit: The study can be extended to study the indent house purchase system through other types of credit, such as mortgage loans.
Study on the legal relations between banks and developers in other countries: The study can be extended to study the legal relations between banks and developers in other countries.
Study on the impact of the indent house purchase system on the economy: The study can be extended to study the impact of the indent house purchase system on the economy.

References

Bank Indonesia. (2013). Circular Letter Number 15/40/DKMP on September 24, 2013 concerning the Application of Risk Management to Banks that provide credit or financing property ownership.
[Insert other references]

Appendices

Appendix 1: List of interviewees
Appendix 2: List of literature reviewed
Appendix 3: List of data collected

This article provides useful information for:

Bank: Understanding legal arrangements and risk mitigation strategies in providing credit for indent home purchases.
Developer: Understanding obligations and responsibilities in building indent houses in accordance with the agreement with the bank.
Prospective home buyers Indent: Understanding their risks and rights in buying indent houses through KPR.
Frequently Asked Questions (FAQs) about Legal Protection for Banks to Purchase Home Indent Credit (KPR) through Housing Developers

Q: What is the indent house purchase system?

A: The indent house purchase system is a type of home ownership credit system (KPR) where a buyer orders a house to be built by a developer. The buyer pays a deposit and the developer builds the house according to the agreed specifications.

Q: What are the risks associated with the indent house purchase system?

A: The risks associated with the indent house purchase system include default developers, debtor default, lack of transparency, and lack of regulation. These risks can result in a loss for the bank and the buyer.

Q: How can banks protect themselves from the risks associated with the indent house purchase system?

A: Banks can protect themselves from the risks associated with the indent house purchase system by conducting a comprehensive analysis of the ability of the developer in building a house and the ability of the debtor in paying mortgage installments. Banks can also supervise the construction of houses and ensure that the developer is building the house in accordance with the agreement.

Q: What is a buyback guarantee?

A: A buyback guarantee is a written agreement between the bank and the developer stating that the developer will buy back a house from the bank if the debtor defaults in paying installments.

Q: Why is insurance important in the indent house purchase system?

A: Insurance is important in the indent house purchase system because it protects the bank's interests from the risk of debtor death or damage to home due to natural disasters such as fires or earthquakes.

Q: What are the benefits of the indent house purchase system?

A: The benefits of the indent house purchase system include the ability to purchase a house that is tailored to the buyer's specifications, the ability to pay for the house in installments, and the ability to own a house without having to pay a large upfront deposit.

Q: What are the drawbacks of the indent house purchase system?

A: The drawbacks of the indent house purchase system include the risk of default developers and debtors, the lack of transparency, and the lack of regulation.

Q: How can buyers protect themselves from the risks associated with the indent house purchase system?

A: Buyers can protect themselves from the risks associated with the indent house purchase system by conducting a thorough research on the developer and the house, by reading the terms and conditions of the credit agreement carefully, and by seeking advice from a financial advisor.

Q: What are the implications of the indent house purchase system on the economy?

A: The implications of the indent house purchase system on the economy include the potential for increased economic growth, the potential for increased employment, and the potential for increased investment in the construction industry.

Q: What are the future research directions for the indent house purchase system?

A: The future research directions for the indent house purchase system include studying the indent house purchase system through other types of credit, studying the legal relations between banks and developers in other countries, and studying the impact of the indent house purchase system on the economy.

Q: What are the limitations of the study?

A: The limitations of the study include the limited scope of the study, the limited data used in the study, and the limited analysis of the study.

Q: What are the recommendations for banks, developers, and buyers?

A: The recommendations for banks, developers, and buyers include conducting a comprehensive analysis of the ability of the developer in building a house and the ability of the debtor in paying mortgage installments, supervising the construction of houses, and ensuring that the developer is building the house in accordance with the agreement.

Q: What are the references used in the study?

A: The references used in the study include Bank Indonesia Circular Letter Number 15/40/DKMP on September 24, 2013 concerning the Application of Risk Management to Banks that provide credit or financing property ownership, and other relevant literature.

Q: What are the appendices used in the study?

A: The appendices used in the study include the list of interviewees, the list of literature reviewed, and the list of data collected.

This article provides useful information for:

Bank: Understanding legal arrangements and risk mitigation strategies in providing credit for indent home purchases.
Developer: Understanding obligations and responsibilities in building indent houses in accordance with the agreement with the bank.
Prospective home buyers Indent: Understanding their risks and rights in buying indent houses through KPR.