Keabsahan Perjanjian Sewa-Menyewa Ruko (Studi Kasus Di Kabupaten Pekalongan)

Utomo, Alif Prianto (2025) Keabsahan Perjanjian Sewa-Menyewa Ruko (Studi Kasus Di Kabupaten Pekalongan). Undergraduate Thesis thesis, UIN. K. H. Abdurrahman Wahid Pekalongan.

	Text 1221080_COVER_BAB I DAN BAB V.pdf Download (955kB)
	Text 1221080_FULL TEXT.pdf Restricted to Registered users only Download (3MB)
	Text 1221080_LAMPIRAN.pdf Restricted to Repository staff only Download (1MB)

Abstract

Lease is an agreement, by which one party binds himself to provide the other party with the benefits of an item, during a certain time and with the payment of a price that has been agreed upon by the parties to the agreement. Shophouse lease agreements are an important aspect in the business world, especially in regions such as Pekalongan Regency which has growing economic potential. The element of agreement between the parties is a subjective requirement, so that if the element is not fulfilled, the legal effect is that it can be canceled. The lease agreement of a shophouse in Pekalongan Pekalongan Regency was wrong because the tenant of the shophouse increased the rent before the contract period expired. The purpose of this research is to analyze the validity of shophouse lease agreements in Pekalongan Regency, as well as the legal consequences of changes in shophouse rental prices determined unilaterally by the shophouse owner. The method used in this research is a qualitative approach in order to produce descriptive data, with oral and written statements. This research uses two types of data sources, namely primary data sources and secondary data sources. There are 3 classifications to dig up information, namely, observation, interviews, and documentation. The goal is that the data collected is as real as possible. Methods in analysis are data reduction, data presentation, and conclusion drawing. The goal is that the resulting analysis can be maximized. The result of the research shows that the validity of shophouse lease agreements conducted in Pekalongan Regency is generally legally valid, both according to civil law and Islamic law, as long as it fulfills the terms and conditions that have been determined. In the practice of unilaterally changing the rental price by the shop owner without any re-agreement violates the principle of consensualism, the principle of pacta sunt servanda, and the principle of good faith in civil law. This action can be categorized as default or even an unlawful act (onrechtmatige daad) if it causes real harm to the tenant. In the context of Islamic law, these actions are also invalid because they violate the principles of mutual consent, justice, and clarity of the contract in ijarah.

Actions (login required)

View Item