Perlindungan Hukum bagi Pemilik Rumah Kos Akibat PenyewaMengulangsewakan Kepada Pihak Ketiga dalam PerspektifHukum Positif Indonesia

Abstract

The rental agreement for the boarding house is a specialist in the rental
agreement, which is regulated in Article 1548 of the Civil Code. The
emergence of a boarding house rental agreement is based on the principle
of freedom of contract which is regulated in Article 1338 paragraph 1 of
the Civil Code. The rental agreement for renting a boarding house made
orally is indeed considered legally valid, because the Civil Code does not
explicitly specify the form of the rental agreement made by the parties. The
thing that needs to be understood from an oral agreement is that it usually
has risks in the future. Even though the owner of the boarding house and
the prospective tenant have agreed not to return the rental of the
boarding house to a third party, in reality there is still a transfer to a third
party. The purpose of this research is to find out the legal protection for
the owner of the boarding house due to the tenant repeating the rental of
the boarding house to a third party. To achieve this goal, the writer uses a
sociological juridical approach; The research specification is descriptive.
The data used in this study include primary data and secondary data.
Primary data were obtained by free, guided interviews with owners and
tenants. Secondary data in the form of the Civil Code; books by experts,
research papers, scientific journals, internet, legal dictionaries. The
presentation of data in the form of descriptions is arranged systematically.
The data were analyzed qualitatively. Conclusion: Legal protection for
boarding house owners due to tenants repeating boarding houses to third
parties without asking permission and knowledge of the boarding house
owners, is to be able to cancel the rental agreement and claim
compensation based on Article 1559 of the Civil Code