AKIBAT HUKUM WANPRESTASI DALAM PERJANJIAN SEWA MENYEWA VILLA OLEH ORANG ASING DI KABUPATEN GIANYAR
| Main Author: | HANDAYANI, NI WAYAN |
|---|---|
| Format: | Article info Journal |
| Bahasa: | ind |
| Terbitan: |
FAKULTAS HUKUM UNIVERSITAS WARMADEWA
, 2017
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| Online Access: |
http://fh-warmadewa.ac.id/e-jurnal/index.php/LAW/article/view/147 http://fh-warmadewa.ac.id/e-jurnal/index.php/LAW/article/view/147/146 |
Daftar Isi:
- Bali is a tourist destination, some of the people who live in the tourism area will use the opportunity to provide facilities to meet the needs of tourists such as residential facilities for tourists during a vacation, so there are so many leased various types of dwelling. In Gianyar regency there are more rented villas and the most dominant as tourists are foreigners. However, based on the information obtained in the process of renting a villa is often found some villas in the area of Ubud and other areas in Gianyar , there are some problem occurs either due to violations of the rules of the lease agreement villa or a wanprestasi from one party and mostly done By foreigners, so that the Covenant becomes very important. From there the problem is how legitimate villa lease agreement by foreigners in Gianyar regency? What are the factors that cause the occurrence of wanprestasi in villa lease agreements by foreigners in Gianyar regency and how to solve them? Research methods are empirical juridical research with approach of sociological problem. Sources of data obtained from the primary data are by interviewing the informant that some villa managers in Gianyar regency and secondary data obtained from law books, journals and others. While the technique of collecting field data by interviewing informant and library data collection technique by recording, then the data obtained is systematically analyzed by using legal argument and with inductive deductive method which result is presented with descriptive analysis. From the result of the discussion, it is concluded that the validity of villa lease agreement by foreigners is in accordance with the provisions of Article 1320 of the Indonesian Civil Code namely the existence of agreement, competence, a certain subject matter and an unlawful cause. Factors causing wanprestasi in villa lease agreement by foreigners are negligence, deliberate and overmacht. From the results of most research is due to negligence. How to solve that can be taken if there is wanprestasi with the settlement of Litigation and Non Litigation. Keywords: wanprestasi, villa leasing, foreigner