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ANALISIS HUKUM PENYELESAIAN WANPRESTASI DALAM PERJANJIAN SEWA MENYEWA RUMAH (STUDI PUTUSAN NOMOR 91/Pdt.G/2024/PN Yyk)
Indonesia is a country of law where the highest law in Indonesia is the 1945 Constitution. Law is a rule that regulates whether or not something is permissible. Humans as social beings who need each other inseparably, for example in carrying out daily activities. In society, without realizing it, the law regulates many daily activities that are often carried out, for example, sales and purchase agreements, employment agreements, rental agreements, and others. An agreement is one or more people binding themselves to one or more people which will give rise to rights and obligations. If one of the parties who made or made the agreement does not carry out what has been agreed, then the party can be said to have committed a breach of contract or broken promise, in case number 91 / Pdt.G / 2024 / Pn Yyk. The Panel of Judges has decided to grant the lawsuit for breach of contract in a house rental agreement. This study aims to determine how the judge's considerations in deciding case number 91 / Pdt.G / 2024 / PN Yyk, and whether the judge's decision has fulfilled the aspect of justice. This study uses a normative research method. The approaches used in this study are the statutory approach and the case approach. This research is sourced from laws and regulations, the civil code, and decision number 91/Pdt.G/2024/PN Yyk as primary legal materials, as well as literature such as books, journals, articles, and other scientific works as secondary legal materials, and book texts, encyclopedias, dictionaries and so on as tertiary legal materials. Data analysis uses qualitative data analysis methods. The results of this study explain that in the legal considerations of the Panel of Judges regarding case No. 91/Pdt.G/2024/PN Yyk. The judge's legal consideration is that there is a legal relationship between the Plaintiff and the Defendant in the House Rental Agreement. The agreement is in accordance with the valid conditions of the agreement regulated in Article 1320 of the Civil Code. The Defendant has committed a breach of contract, namely not carrying out what has been agreed upon as regulated in Article 1238 of the Civil Code. The Defendant's actions are, not returning the rented house to the Plaintiff which is regulated in Article 5 letter c. The Judge's decision in case No.91/Pdt.G/2024/PN Yyk has fulfilled the aspects of justice, has fulfilled substantive, procedural justice and justice according to Aristotle, namely corrective justice and distributive justice can be proven in granting compensation claims in accordance with the contents of the agreement and sentencing the Defendant to pay compensation to the Plaintiff jointly and severally.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS HUKUM PENYELESAIAN WANPRESTASI DALAM PERJANJIAN SEWA MENYEWA RUMAH (STUDI PUTUSAN NOMOR 91/Pdt.G/2024/PN Yyk) (Text)
ANALISIS HUKUM PENYELESAIAN WANPRESTASI DALAM PERJANJIAN SEWA MENYEWA RUMAH (STUDI PUTUSAN NOMOR 91/Pdt.G/2024/PN Yyk) (Other)
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