Wanprestasi dalam Perjanjian Sewa Menyewa Rumah (Studi Penelitian Di Dusun A Desa Panggoi Kecamatan Muara Dua Kota Lhokseumawe)

Abstract

This study discusses the legal relationship between the homeowner and the tenants of the house in a lease agreement. The lease provisions are regulated in Articles 1548 to 1600 Civil Code, but specifically based on the principle of consensualism of the parties. The legal relationship that occurs is in the form of a rental agreement. That this agreement was made legally by the parties and fulfilled the subjective and objective legal requirements, but in the implementation of the party renting out the promise to not deliver the object of the lease to the lessee and entered into a sale and purchase agreement with another party, this would cause a loss for the lessee . This study specifically raised 1 (one) case of default that occurred in a lease agreement with object 1 (unit) of a house located in Hamlet A, Panggoi Village, Muara Dua District, Lhokseumawe City. 3 (three) issues raised in this study are: 1). What is the legal relationship between the parties in the implementation of the rental agreement to rent a house in Hamlet A, Panggoi Village, Muara Dua District, Lhokseumawe City? 2). What will be the legal consequences for the parties in the lease agreement in Dusun A, Panggoi Village, Muara Dua District, Lhokseumawe City if there is a default? 3). What is the settlement effort made by the injured party due to default in the lease agreement? The analysis in this study was carried out qualitatively with an empirical juridical approach to see how the lease contracts that have been agreed by the parties are carried out by both. The data search is carried out through documentation study activities by examining various legal provisions especially the articles related to the lease agreement in the Civil Code and juxtaposing it with the contract agreed upon by the parties. Documentation study is supported by field study activities that interview the parties, namely the tenants and the renting parties as well as other respondents. With regard to the problem in question, the parties agreed to settle the family by holding a meeting. The lessee in this case does not sue the lessee to the litigation route through a breach of tort or tort against the law. For the lessee, the payment of the full payment which has been paid in full is sufficient to resolve the problem. This is motivated by the tenant not to complicate the problem of the loss he experienced. This study advises readers in particular and all parties to apply the principles of good faith and the principle of prudence in the implementation of the agreement, even though the agreements referred to are the types of agreements that are commonly carried out by the community as well as this lease agreement.