WANPRESTASI PERJANJIAN LISAN ANTARA PENYEWA KIOS DAN LOS DI PASAR BARU PANGKALAN KERINCI KABUPATEN PELALAWAN

Abstract

Article 1313 of Code of Civil Law gives the formulation about “contract or
agreement, an agreement is a deed with one name or more binding himself/herself to one
person or more.” The occurance of default between the tenant and Market Management
Party in which in the statement point number eight and ten saying it is forbidden to sell,
rent, or lend the business place, stall or the place temporarily to other parties. The purposes
of this research are to; first, find out the cause of default occurance of merchant oral
agreement with the market management at Baru Market Pangkalan Kerinci, Pelalawan
Regency; second, find out the completion effort of oral agreement default of stall & business
place tenancy between the merchant and the the management of Baru Market Pangkalan
Kerinci Pelalawan Regency.
The type of this research was Sociological research because the author directly
conducts research on the location the place being investigated in order to give complete and
clear description on the problem being investigated.
The result of the research and discussion shows that first, default occurance at Baru
Market Pangkalan Kerinci between the marchant and the management of the market in
which the default or broken promise and negligent statement is in accordance with article
1238 Code of Civil Law. Second, the completion way of the problem is by using negotiation.
Third, the result of the agreement occured namely taking over the stall or the business place
whose the renter did default and even there is compensation. While the effort to overcome
default is in the form of statement only. In the agreement of stall and business place tenancy
at Baru Market Pangkalan Kerinci Pelalawan Regency is better to be written and not only
statement and to be emphasized more on the related Articles. The creditor who rent the
strall or business place should be more explicit in implementing the agreement content and
take action on the tenant who disobey the agreement in line with the law and prevails the
compensation system thoroughly to give deterrent effect for default debtor.
Keywords: Oral Agreement-Tenancy-Violating the agreement