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ABSTRACT
Before a building rent contract is implemented, it is necessary to confirm
carefully the content of the contract and the right and obligation of the parties
concerned. Basically, a contract begins with the differences of interest among the
parties; the formula of the contractual relationship begins with the process of
negotiation among the parties concerned. They attempt to create the form of a
contract to meet what they want through negotiation. But, in reality, the tenants right
is usually ignored. The problem is that the contract is made underhandedly; in
consequence, the owner of the building uses his position to place a burden on the
tenant, while he sets his responsibility aside. The problems in the study were as
follows: how to regulate and to implement the rental contract between Yayasan
Pendidikan Panca Mitra Karya and the owner of the school building, how the
position of the parties concerned was, viewed from the right and obligation stipulated
in the rental contract between Yayasan Pendidikan Panca Mitra Karya and the
owner of the school building, and how the legal solution on the difference in
perception between the tenant and the owner of the building on the clauses of the
rental contract was.
In order to answer the problems above, it is necessary to perform a research
descriptively with judicial normative approach. The data comprised the primary and
secondary data. The primary data were gathered by performing interviews, and the
secondary data were obtained from the library research. All of them were analyzed
qualitatively.
The result of the research showed that the rental contract between Yayasan
Pendidikan Panca Mitra Karya as the tenant and the owner of the school building as
the person who rented the building was made underhandedly and legalized by a
Notary. The implementation was as follows : after the parties concerned agreed
about the content and the requirements in the contract, the deed was signed before a
Notary as the public official. In this case, the positions of the tenant and the owner of
the building were balanced, viewed from their right and obligation. The dispute
between the Tenant (Yayasan Pendidikan Panca Mitra Karya) and the Owner of the
building were solved by performing reconciliation peacefully without going to the
Court.
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