Pelaksanaan Perjanjian Sewa-Menyewa Tidak Tertulis Yang Berakibat Wanprestasi Pada Kamar Kos Sri Mayang Jaya Dijalan Air Dingin Kecamatan Bukit Raya Kota Pekanbaru

Mulia, Fitri Yasni (2021) Pelaksanaan Perjanjian Sewa-Menyewa Tidak Tertulis Yang Berakibat Wanprestasi Pada Kamar Kos Sri Mayang Jaya Dijalan Air Dingin Kecamatan Bukit Raya Kota Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

This study discusses an implementation of an agreement in general. Agreements in general, are made in writing or not in writing (orally). A written agreement and an unwritten (oral) agreement is a valid agreement as long as it does not contradict the rules of article 1320 of the civil law book concerning the Legal Terms of the Agreement. In the implementation of this agreement, of course it cannot be separated from the risks or problems that occur because it is not in accordance with the contents of the agreement that has been agreed between the renting party and the lessee. The implementation of the lease agreement at the Sri Mayang Jaya boarding house is only done verbally, so it lacks legal force and it is difficult to prove if there is a default because there is no written evidence, which is so easy for a dispute to arise and problems at a later date. The main problems in this research are (1) How is the implementation of an unwritten lease agreement that results in default at Sri Mayang Jaya Boarding House on Airingin Street, Bukit Raya Subdistrict, Pekanbaru City and (2) What are the constraints for implementing an unwritten lease agreement that results in default in the Sri Mayang Jaya Boarding House on the road of Air Dingin, Bukit Raya District, Pekanbaru City. This research uses sociological legal research methods (empirical) or observational research by means of a survey, namely by going down to the field to obtain information while the nature of this research is descriptive analytical, namely the researcher provides an overview and analyzes from a complete, detailed and clear statement in the study. This and in this study the authors use a sample with the main data used in this study is primary data using data collection tools in this study is through the interview method and questionnaire and secondary data only as supporting data, obtained by conducting document studies. In this field study the authors use the author's data analysis method based on qualitative methods, namely the analysis that links with statutory regulations. From the results of the research it is known that the implementation of the lease agreement is not in accordance with the applicable law because it does not fulfill one of the legal conditions of the agreement, namely a certain matter in which there are rights and obligations of both parties. The constraint factor in this agreement is the default by the Sri Mayang Jaya boarding house tenants due to the tenant's delay in paying the rent for the boarding house every month which results in losses to the boarding house owner. Settlement in this default is carried out by means of non-litigation by way of deliberation and consensus.

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