WANPRESTASI KONTRAK SEWA MOBIL ANTARA RENTAL MOBIL CS DENGAN CV BERKAT KAWAN

Abstract

Vehicle rental agreement Number 015/SP/BK-RMCS/XI/2020 between CS Car Rental and CV. Berkat Kawan occurred in 2020. In the implementation of the agreement that did not go well, CV Berkat Kawan's party defaulted on the agreement which caused losses suffered by the CS Car Rental Party, the attitude taken by CV Berkat Kawan was contrary to what had been regulated in in the Act. Therefore, the purpose of writing this thesis, namely: First, how is the implementation of the car rental contract between CS Car Rental and CV Berkat Kawan in Siak Regency, Second, what is the form of settlement of the Default Car Rental Contract between CS Car Rental and CV Berkat Kawan in SiakRegency. This type of research can be classified as empirical juridical research, because in this research the author directly conducts it by obtaining field data as the main source, such as the results of interviews and observations as well as identifying written laws that apply to the community. The author conducted this research in the jurisdiction of Siak Regency, because CS Car Rental and CV Berkat Kawan are domiciled in Siak Regency, the population and sample of this research are CS Car rental owners, namely Mr. Sofyan and Mr. Muhammad Wiky Syahputra as the main directors of CV Berkat Kawan. Sources of data used are: primary data and secondary data. Data collection techniques in this study were interviews and literature study.The conclusions obtained from the results of this study are First, in the implementation of the CS Car Rental Vehicle Rental Agreement with CV. Thanks to Kawan Number 015/SP/BK-RMCS/XI/2020 there was a default on the part of the tenant (CV. Berkat Kawan) in the form of a default of not paying the car rental fee for 6 months starting from October 2020 - May 2021, the losses suffered by the First Party approx. Rp. 48,000,000 (Forty Eight Million Rupiah) per unit of car, resulting in a total loss of 96,000,000 (Ninety Six Million Rupiah) and default in the form of not wanting to be responsible for car damage to the front Vleg of the car, causing a loss to the First Party of around Rp. 3,000,000 (Three Million Rupiah). Second, in the settlement of contract defaults, the parties settle through non-litigation channels, namely deliberation and consensus. The result of the deliberation is that the tenant is willing to pay the remaining six months' rent and is willing to provide compensation for the damage to the car tire valve, but the results of the Deliberation that have been agreed upon by the parties are not carried out by thetenant.