Ramadhan, Alfitra (2024) Tinjauan Yuridis Terhadap Wanprestasi Perjanjian Lisan Dalam Kegiatan Sewa Menyewa Rumah Petak Di Kelurahan Pangkalan Kerinci Timur. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT This research discusses the act of renting which is based on an oral agreement made by the owner and tenant of a row house. When carrying out an oral agreement, of course there are risks that arise because one of the parties does not fulfill the achievements that have been mutually agreed between the owner and tenant of the row house. The factor of default by tenement tenants is that tenement renters are sometimes late in receiving their pay so that the payment of tenement rent is automatically late. Agreements made verbally do not have legal force and are difficult to prove if a breach of contract occurs because there is no physical evidence. The problem formulation is: First, what are the legal remedies if one of the related parties defaults on an oral agreement in rental activities for tenements in Pangkalan Kerinci Timur Subdistrict. Second, how to prove an oral agreement if there is a default in the tenancy rental activity in Pangkalan Kerinci Timur Subdistrict to the Court. In this research, the researcher uses a type of sociological legal research or empirical law (Observational Research) by means of a survey, namely the researcher goes directly to the field to obtain information and the nature of this research is analytical descriptive, namely the researcher provides a complete, detailed and clear picture and analysis of the questions in the research. In this and this research the researcher used a sample with the main data being primary data and secondary data. Using observation, interviews and documentation methods. This research uses an inductive conclusion drawing method. Based on the results of the research and discussion, the researchers found: First, regarding legal action taken by the owners and tenants of tenements in the sub-district of east Kerinci, if there is a default, it is resolved using non-litigation or consensus deliberation by means of negotiations between the owners and tenants of the tenements. As for resolving defaults using non-litigation, the relationship between the owner and tenant of the tenement is maintained rather than resolving the litigation route and the owner of the tenement resolves the default using the non-litigation route because the tenement owner does not know how to sue and prove a breach of contract in an oral agreement in court. Second, to prove an oral agreement to the court if there is a default by a tenement tenant in the sub-district of the East Kerinci sub-district, the tenement owner must include evidence in the form of a receipt and a witness who is aware of the existence of the verbal agreement. If you only rely on witnesses who are aware of the existence of an oral agreement, the proof process will be difficult without other supporting evidence.

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