Pelaksanaan Asas Penyewa Sebagai Tuan Rumah Yang Baik Dalam Suatu Perjanjian Sewa Menyewa Rumah
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Institusion
Universitas Sumatera Utara
Author
Dakhi, Raminalai
Subject
Tenant
Datestamp
2018-03-16 15:06:01
Abstract :
Leasing contract today becomes a profitable business opportunity although it also has the risk for the damage of the house after the time period of the leasing ends. The damage will, of course, harm the owner. The problem is that he does not know how to force the tenant to pay the compensation for the damage caused by the tenant who has bad faith as a host of the house he is renting. The research problems are as follows: how about the implementation of the principle of good host as a tenant in a leasing contract of a house, how about a tenant?s responsibility for the change of function and the capacity of a rented house which causes damage done by the tenant, and how about the panel of judges? legal consideration in the Supreme Court?s Ruling No. 2542.K/Pdt/2016 in reaching a verdict on the dispute in renting a house. The research used juridical normative method in the Civil Code, the Third Book on a Contract Law, especially a Leasing Contract stipulated in Article 1548 until Article 1600 of the Civil Coode. Its nature was descriptive analytic which was aimed to describe, explain, and analyze the problems, and find the correct answers as the solution of the problems. The result of the research shows that the implementation of the principle of a good host as a tenant in a leasing contract is that the tenant has to be responsible to maintain, take care of, and look after the house he is renting. When the house is broken, he has the responsibility to fix it. He also has the responsibility for any change in its function and its capacity which causes damage by the tenant; he has to return its function to the condition when he begins to rent it. The Panel of Judges? legal consideration in the Supreme Court?s Ruing No. 2542.K/Pdt/2016 on the dispute in renting a house is that the damage of the house owned by I Nyoman Yudhiawan is because the tenant defaults (breaches of contract) in carrying out the points of the leasing contract, especially on the principle of a tenant who has to be a good host for the house he is renting.
Leasing contract today becomes a profitable business opportunity although it also has the risk for the damage of the house after the time period of the leasing ends. The damage will, of course, harm the owner. The problem is that he does not know how to force the tenant to pay the compensation for the damage caused by the tenant who has bad faith as a host of the house he is renting. The research problems are as follows: how about the implementation of the principle of good host as a tenant in a leasing contract of a house, how about a tenant?s responsibility for the change of function and the capacity of a rented house which causes damage done by the tenant, and how about the panel of judges? legal consideration in the Supreme Court?s Ruling No. 2542.K/Pdt/2016 in reaching a verdict on the dispute in renting a house. The research used juridical normative method in the Civil Code, the Third Book on a Contract Law, especially a Leasing Contract stipulated in Article 1548 until Article 1600 of the Civil Coode. Its nature was descriptive analytic which was aimed to describe, explain, and analyze the problems, and find the correct answers as the solution of the problems. The result of the research shows that the implementation of the principle of a good host as a tenant in a leasing contract is that the tenant has to be responsible to maintain, take care of, and look after the house he is renting. When the house is broken, he has the responsibility to fix it. He also has the responsibility for any change in its function and its capacity which causes damage by the tenant; he has to return its function to the condition when he begins to rent it. The Panel of Judges? legal consideration in the Supreme Court?s Ruing No. 2542.K/Pdt/2016 on the dispute in renting a house is that the damage of the house owned by I Nyoman Yudhiawan is because the tenant defaults (breaches of contract) in carrying out the points of the leasing contract, especially on the principle of a tenant who has to be a good host for the house he is renting.
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