TINJAUAN YURIDIS TERHADAP PERJANJIAN BUY BACK GUARANTEE TERHADAP KREDIT KEPEMILIKAN RUMAH PADA PT BANK TABUNGAN NEGARA (PERSERO) CABANG BANJARMASIN

The aim of this research is to find out the form and type of buyback guarantee agreement toward housing ownership credit in National Saving Bank, Inc. (Stakeholder) Branch Banjarmasin and to find out the status of the parties involved to the buyback guarantee agreement. This research is normative juridical research completed with field data. The data collecting technique applies literary study through learning and analyzing a law case using primary, secondary, and tertiary law materials. The finding data analyzed qualitatively then presented descriptively that is by describing and explaining appropriate to the case, which relates to the research finding. The rapid business development requires the creativity of the businesspersons to create a breakthrough toward unregulated aspects on Civil Code. The Freedom of contract principle in the contract gives the freedom therefore everyone has a right and free to make or hold the agreement proper to the purpose of holder parties. It�s obtained in practice of distributing the Housing Ownership Credit (KPR) by National Saving Bank (Stakeholder) branch Banjarmasin to people uninvolved with obligation guarantee unless with a trading agreement with buyback guarantee, which unregulated on Civil Code. The taking of buyback guarantee agreement is the practice requirement of people based on the contract freedom principle implements Civil Code as solution of conflict resolution beyond the Court when the debtor is negligent in completing the obligation (default)