PENYELESAIAN WANPRESTASI PERJANJIAN LISAN KERJASAMA RENTAL ALAT BERAT ANTARA KREDITUR DAN DEBITUR

Abstract

Article 1313 of the Civil Code provides the formulation of "a contract or
agreement, an agreement is an act by which one or more people bind themselves
to one or more other people." The occurrence of a default between the creditor
and the debtor in the heavy equipment rental cooperation agreement which is
carried out verbally in which in the agreement the creditor must provide a heavy
equipment to the debtor to be rented out to a third party, providing profit sharing
from the existing heavy equipment rental. The purpose of this study is first, to
determine the cause of the occurrence of default in the verbal agreement of
creditors and debtors in heavy equipment rental cooperation. Second, to find out
the efforts to resolve the default of the verbal agreement on the rental agreement
between the creditor and the debtor.
This type of research is a sociological research, because the author
directly conducts research on the location of the place being studied in order to
provide a complete and clear picture of the problem under study.
The results of the research and discussion show that first, the occurrence
of default between creditors and debtors in the heavy equipment rental
cooperation agreement which is a default or breach of promise and a statement of
negligence in accordance with Article 1238 of the Civil Code. Second, how to
solve the problem by using a subpoena, negotiation and also a lawsuit filed at the
District Court. Third, the result of the lawsuit filed is stipulating that the debtor
has defaulted so that he is punished to compensate for the losses suffered by the
creditor. In the heavy equipment rental cooperation agreement between creditors
and debtors, there should be a written agreement not just a statement and more
emphasis on articles related to how to calculate the distribution of profits from
heavy equipment rental and further clarify what are the rights and obligations of
each of the creditors and debtor. So that the creditors or those who provide heavy
equipment for rental are more assertive in carrying out the contents of the
agreement and taking action against debtors who violate the agreement in
accordance with the law and apply a comprehensive compensation system. In
order to provide a deterrent effect for debtors who commit acts against the law.
Keywords: Oral agreement- leasing- Not carrying out the agreement