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TINJAUAN SOSIOLOGI HUKUM TERHADAP WANPRESTASI PERJANJIAN DI BAWAH TANGAN ATAS SEWA RUMAH DI DESA BUGIH PAMEKASAN
Lease agreements constitute a common form of legal relationship in social and economic interactions, whether executed in written or unwritten form. In practice, the residents of Bugih Village, Pamekasan Regency, predominantly employ private (underhand) agreements in residential lease transactions due to considerations of simplicity, cost efficiency, and reliance on kinship-based trust. Nevertheless, such practices frequently give rise to legal disputes, particularly defaults (breach of contract), which result in losses to one of the contracting parties due to the weak evidentiary value and limited legal protection of underhand agreements. This study aims to examine the underlying factors leading to the use of underhand lease agreements, to identify the causes of default in house lease contracts, and to analyze these issues through the perspective of the sociology of law. This research adopts a field research methodology with a descriptive qualitative approach. Data were obtained through observation, semi-structured interviews, and documentation involving parties directly engaged in underhand residential lease agreements. Data analysis was conducted through data reduction, data display, and conclusion drawing and verification. The analytical framework employed the sociology of law approach and Max Weber’s theory of social action to examine legal behavior and social norms influencing contractual practices within the community. The findings reveal that the prevalence of underhand house lease agreements in Bugih Village is strongly influenced by the community’s legal culture, which emphasizes customary practices, interpersonal trust, and limited legal awareness. The occurrence of default is primarily caused by economic constraints, lack of good faith, insufficient understanding of formal contract law, and the absence of clear written contractual terms. From the perspective of the sociology of law, these practices indicate low legal effectiveness and inadequate legal protection, demonstrating that law has not yet functioned optimally as a mechanism of social control. Accordingly, the study recommends strengthening legal awareness and community-based legal education to enhance legal certainty, contractual compliance, and justice for the parties involved.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
TINJAUAN SOSIOLOGI HUKUM TERHADAP WANPRESTASI PERJANJIAN DI BAWAH TANGAN ATAS SEWA RUMAH DI DESA BUGIH PAMEKASAN (Text)
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