MENU
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| Jenis | : |
KKM
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| Judul | : |
WANPRESTASI DALAM PERJANJIAN SEWA MENYEWA SPEEDBOAT SECARA LISAN (Studi Putusan Pengadilan Negeri Tarakan Nomor 34/Pdt.G/2022/PN.Tar).
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| Subjek | : |
Contracts
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| Pengarang | : |
Ariqa Shofy Salsabila Aisya
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| Pembimbing | : |
Nur Wakhid,
Anggitariani Rayi Larasati Siswanta
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
346.022 AIS w
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
This research was conducted on Court Decision Number 34/Pdt.G/PN.Pwt
concerning a dispute over an oral speedboat rental agreement. The purpose of the
research is to analyze the validity requirements of oral speedboat rental agreements
and the legal protection against breaches of oral rental agreements based on a study
of the District Court of Tarakan Decision Number 34/Pdt.G/2022/PN. Tar. The research
method used in this study is normative juridical with descriptive analytical research
specifications. The sources and types of data used in this research are secondary data,
including primary and secondary legal materials. The data presentation in this
research is in the form of narrative text, and the data obtained is analyzed using
qualitative normative methods.
Based on the results of the research and discussion, it was found that before
considering the validity of the agreement, the panel of judges first considered the
acknowledgment of the parties as stated in Article 1925 of the Civil Code.
Acknowledgment is very important because the agreement in this case is an oral
agreement. The panel of judges' consideration of the validity of the agreement refers to
Article 1320 and Article 1338 paragraph (3) of the Civil Code. The panel of judges did
not explicitly outline the elements of Article 1320 of the Civil Code, but the author
analyzes that the elements have been met, making the agreement valid. The author
agrees with the judges' consideration, which also assesses the validity of the agreement
based on Article 1338 paragraph (3) of the Civil Code, stating that the agreement was
executed in good faith. Before determining the legal protection for the plaintiff in the
event of a breach of contract, it is necessary to first assess whether there was a breach
of contract. The panel of judges stated that the defendant committed a breach of
contract by failing to pay rent, but did not specify the exact fault of the defendant. Based
on the author's analysis, a breach of contract has occurred, as the elements of a breach
of contract have been met. Legal protection for the plaintiff, both preventive and
repressive, refers to Article 1243 and Article 1246 of the Civil Code..
Keywords: Oral Agreement, Lease Agreement, Breach of Contract
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