Analisis Hukum terhadap Bentuk-Bentuk Wanprestasi dan Mekanisme Penyelesaian Sengketa dalam Perjanjian Sewa-Menyewa di Indonesia

Abstract

This study aims to analyze the forms of default and dispute resolution mechanisms in tenancy agreements in Indonesia from the perspective of civil law. The type of research used is qualitative with a library research model. The results of the study explained that the most common forms of default in the lease-lease agreement in Indonesia include late or non-payment of rent, damage to property without permission, abuse of property functions, transfer of rent without the owner's consent, and violation of the terms of the agreement. Such defaults not only cause economic losses, but also have the potential to create complex legal conflicts. Meanwhile, in terms of dispute resolution, there are two paths that can be taken, namely non-litigation (consultation, negotiation, mediation, conciliation, to expert opinion) and litigation through the courts. The existence of tiered and adaptive settlement options reflects the commitment of the Indonesian legal system in providing legal protection and certainty. Therefore, the selection of a settlement mechanism should take into account the complexity of the case, the good faith of the parties, and the principles of justice and efficiency.