Analysis of Evidence of Warehouse Rental Agreement Order in The Supreme Court Decision of the Republic of Indonesia Number 2368 K/Pdt/2019

DOI

10.2991/assehr.k.220404.114How to use a DOI?

Keywords

Oral Agreement; Warehouse Lease; Default

Abstract

Whereas in the lease agreement, both oral & written, there are elements that must be carried out by the respective parties that bind themselves to one another, where if one of the parties does not fulfill its obligations as agreed in the beginning, then the act will cause default. This thesis discusses the warehouse lease agreement which was carried out verbally that occurred in Mempawah City. Making a verbal agreement is a habit of the people in the area because they prioritize their trust in each other. The problem raised in this thesis is the proof of the warehouse lease agreement which is carried out orally. In the court of first instance and the appeal level the oral agreement was declared invalid and could not be proven. Then in the Decision of the Supreme Court Court Number 2368 K / Pdt / 2019, then the oral agreement was declared valid and the defendant was declared default. The form of research in this thesis is normative legal research with qualitative and descriptive methods. This study concludes that an oral agreement based on the concept of contract law adopted by Indonesia is indeed valid and binding once there is an agreement so that the oral agreement in the case can be said to be valid. Meanwhile, the status of the defendant’s existing property that is still in the warehouse can be categorized as default.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Kenny Joshua
PY  - 2022
DA  - 2022/04/21
TI  - Analysis of Evidence of Warehouse Rental Agreement Order in The Supreme Court Decision of the Republic of Indonesia Number 2368 K/Pdt/2019
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 728
EP  - 732
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.114
DO  - 10.2991/assehr.k.220404.114
ID  - Joshua2022
ER  -