%A NIM.: 21103040165 Ika Rustika
%O Iswantoro, S.H., M.H.
%T ANALISIS PUTUSAN TERHADAP PERJANJIAN SEWA MENYEWA UNIT ARMADA DUMP TRUCK ANTARA PT. TOBAS CAGAR MUARA DENGAN CV. RATU BUMI PERKASA (STUDI PUTUSAN NOMOR 102/PDT.G /2023/PN KDI)
%X One form of agreement in civil law is a lease agreement, which can be
entered into by legal entities, whether individuals or legal entities. Lease
agreements are specifically regulated in Articles 1548 to 1549 of the Civil Code.
A lease is defined as a form of agreement in which the first party promises to give
the second party the right to enjoy or use an item for a certain period of time, in
exchange for a sum of money (rent) that the lessee agrees to pay. There is a
conflict of interest between business actors who do not fulfill their obligations and
tenants who have fulfilled their obligations but have suffered losses. The problem
is further complicated by the fact that not all breaches of contract can be directly
proven, requiring a legal analysis of the concrete facts in court decisions to assess
whether the judge has considered the principles of justice and legal certainty.
The method used in this study is normative juridical, an approach based on
the study of legal materials. This approach is conducted by examining legal
theories, basic concepts, legal principles, and relevant laws and regulations
directly related to the legal issues being studied, Trough this approach, the
researcher analyzes legal issues based on applicable positive legal norms,
particularly those related to lease agreements and breach of contract in civil law.
The results of the study show that the breach of contract committed by CV.
Ratu Bumi Perkasa took the form of delays and failures in providing heavy
equipment in accordance with the agreement, weak contractual communication,
and a lack of good faith in dispute resolution. These actions constitute breach of
contract as regulated in civil law and disregard the principle of pacta sunt
servanda, thereby causing material and immaterial losses to the lessee.
Furthermore, Decision Number 102/Pdt.G/2023/PN Kdi reflects the principles of
justice and legal certainty, as the panel of judges assessed the evidence
comprehensively, considered the proportionality of the losses, and handed down a
final and binding decision (inkracht van gewijsde).
%K Wanprestasi, Perjanjian Sewa Menyewa, Kepastian Hukum
%D 2026
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib75921