Pelaksanaan Perjanjian Sewa-menyewa Secara Lisan Yang Berakibat Wanprestasi Pada Rumah Kos Putri Raja Axel Di Jalan Karya Mitra Desa Tanah Merah Kabupaten Kampar

Suryani, Irma (2022) Pelaksanaan Perjanjian Sewa-menyewa Secara Lisan Yang Berakibat Wanprestasi Pada Rumah Kos Putri Raja Axel Di Jalan Karya Mitra Desa Tanah Merah Kabupaten Kampar. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT The definition of an agreement is contained in Article 1313 of the Civil Code, while agreements are generally made in writing or orally. A written agreement and an oral agreement are valid agreements as long as they do not conflict with the rules of Article 1320 of the Civil Code concerning the legal terms of the agreement. In the implementation of this agreement, of course, it cannot be separated from risks or problems that arise due to parties who do not fulfill their achievements, as contained in the previously agreed agreement. The implementation of the rental agreement at the Putri Raja Axel boarding house is only done verbally, so it lacks legal force and is difficult to prove, so it is very easy for disputes and problems to arise in the future. As for the main problem of this research is: (1) How is the implementation of the verbal lease agreement which resulted in a default at the Putri Raja Axel boarding house on Karya Mitra Street, Tanah Merah Village, Kampar Regency and (2)What are the factors that hinder the implementation of the verbal lease agreement which resulted in a default it the Putri Raja Axel boarding house on Karya Mitra Street, Tanah Merah Village, Kampar Regency. This research uses empirical sociological research methods by means of surveys, namely going down the field to get information, the nature of this research is descriptive analytical, namely providing an overview and analyzing statements that are complete, detailed and clear. This study uses a sample with the main data used is primary data with data collection tools through interviews, besides this research also uses secondary data which is used as supporting data obtained from literature books. In this field study, the data obtained are then analyzed based on qualitative methods, namely the analysis that relates to the laws and regulations. The method of drawing conclusions used is inductive, which is a method that uses the method of drawing conclusions from things that are specific to things that are more general in nature. From the results of the research and discussion, it is known that the implementation of the rental agreement in Putri Raja Axel's boarding house is not in accordance with applicable law because it does not fulfill one of the legal requirements of the agreement, namely a certain thing in which there are rights and obligations of both parties. The constraining factor of this agreement is the default of the parties, in which both the business actors and the consumers do not fulfill their achievements. With regard to defaults that occur, the parties prefer to resolve them through non-litigation channels by means of deliberation and consensus. Keywords: Agreement, Verbal Agreement, Lease, Default.

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