Juridical Analysis Of Building Lease Agreement Under The Hands Of Things That Are Not Promised Explicitly

Feb 27, 2025 by ADMIN 106 views

Introduction

In the world of property law, building lease agreements are a common occurrence. However, the process of creating and executing these agreements can be complex and often leads to disputes between the parties involved. This article aims to provide a juridical analysis of building lease agreements, focusing on the issues that arise when agreements are made under the hands of things that are not promised explicitly. We will examine the problems encountered in lease agreements, the research methodology used to study this issue, and the results of the study. Finally, we will provide recommendations for those involved in lease agreements to ensure a smooth and beneficial process for all parties.

The Problems Encountered in the Lease Agreement

Building lease agreements involve a complex web of rights and obligations between the tenant and the landlord. However, when agreements are made under the hands of things that are not promised explicitly, the rights of the tenant are often neglected. This can lead to disputes and problems in the future. Some of the problems that arise in lease agreements include:

Regulation and Implementation of the Agreement: How can the regulation and implementation of the lease agreement be carried out effectively?
The Position of the Parties: What is the position of the rights and obligations of each party in the agreement?

To answer these questions, research was conducted descriptively with a normative juridical approach. The data used consisted of primary data obtained through interviews and secondary data obtained from literature studies. All data were then analyzed qualitatively.

Research Result

The results of the study showed that the lease agreement between the Panca Mitra Karya Education Foundation as a tenant and the owner of the school building as the landlord was carried out under the hand but was legalized by a notary. After reaching an agreement regarding the contents and conditions of the agreement, the document was signed before a notary as a public official. In this context, the position of the two parties is relatively balanced, depending on the rights and obligations regulated in the contract.

Dispute Resolution

When there was a dispute, the Panca Mitra Karya Education Foundation and the building owner resolved the problem through a peaceful reconciliation without the need to bring the case to the court. This approach shows the importance of open communication between the parties so that problems can be overcome without prolonged conflict.

Recommendation

It is highly recommended for those involved in the lease agreement to use the authentic deed (notarial) in the process of making an agreement. This is important to ensure legal certainty in the event of a dispute in the future. In addition, considering that the tenant is a legal entity foundation, it is also important to include a clause regarding building insurance and the authority to reassemble the existing facilities clearly. The inclusion of these clauses can prevent the emergence of problems in the future, as well as protect the rights of both parties.

Conclusion

In conclusion, building lease agreements can be complex and often lead to disputes between the parties involved. However, by understanding the problems encountered in lease agreements and using the recommendations provided, it is possible to create a smooth and beneficial process for all parties. The use of authentic deeds (notarial) and the inclusion of clauses regarding building insurance and the authority to reassemble the existing facilities can help prevent problems in the future and protect the rights of both parties.

Future Research Directions

Future research can focus on the following areas:

Comparative Analysis: A comparative analysis of lease agreements in different countries or jurisdictions can provide valuable insights into the best practices for creating and executing lease agreements.
Case Studies: In-depth case studies of lease agreements can provide a detailed understanding of the problems encountered and the solutions implemented.
Legislative Reforms: Legislative reforms can be proposed to address the issues encountered in lease agreements and provide a more balanced and fair process for all parties.

By continuing to research and analyze the issues encountered in lease agreements, it is possible to create a more efficient and beneficial process for all parties involved.

Limitations of the Study

This study has several limitations, including:

Sample Size: The sample size of the study is limited to one case study, which may not be representative of all lease agreements.
Data Collection: The data used in the study was collected through interviews and literature studies, which may not be comprehensive or representative of all lease agreements.
Analysis: The analysis of the data was qualitative, which may not provide a comprehensive understanding of the issues encountered in lease agreements.

Future Research Directions

Future research can focus on addressing these limitations by:

Increasing the Sample Size: Increasing the sample size of the study to include more case studies can provide a more comprehensive understanding of the issues encountered in lease agreements.
Improving Data Collection: Improving data collection methods, such as using surveys or questionnaires, can provide a more comprehensive understanding of the issues encountered in lease agreements.
Using Quantitative Analysis: Using quantitative analysis, such as statistical analysis, can provide a more comprehensive understanding of the issues encountered in lease agreements.

By addressing these limitations, future research can provide a more comprehensive understanding of the issues encountered in lease agreements and provide valuable insights for creating and executing lease agreements.

Conclusion

Recommendations for Future Research

Based on the findings of this study, the following recommendations are made for future research:

Comparative Analysis: A comparative analysis of lease agreements in different countries or jurisdictions can provide valuable insights into the best practices for creating and executing lease agreements.
Case Studies: In-depth case studies of lease agreements can provide a detailed understanding of the problems encountered and the solutions implemented.
Legislative Reforms: Legislative reforms can be proposed to address the issues encountered in lease agreements and provide a more balanced and fair process for all parties.

By continuing to research and analyze the issues encountered in lease agreements, it is possible to create a more efficient and beneficial process for all parties involved.

Limitations of the Study

This study has several limitations, including:

Sample Size: The sample size of the study is limited to one case study, which may not be representative of all lease agreements.
Data Collection: The data used in the study was collected through interviews and literature studies, which may not be comprehensive or representative of all lease agreements.
Analysis: The analysis of the data was qualitative, which may not provide a comprehensive understanding of the issues encountered in lease agreements.

Future Research Directions

Future research can focus on addressing these limitations by:

Increasing the Sample Size: Increasing the sample size of the study to include more case studies can provide a more comprehensive understanding of the issues encountered in lease agreements.
Improving Data Collection: Improving data collection methods, such as using surveys or questionnaires, can provide a more comprehensive understanding of the issues encountered in lease agreements.
Using Quantitative Analysis: Using quantitative analysis, such as statistical analysis, can provide a more comprehensive understanding of the issues encountered in lease agreements.

Conclusion

Recommendations for Future Research

Based on the findings of this study, the following recommendations are made for future research:

Comparative Analysis: A comparative analysis of lease agreements in different countries or jurisdictions can provide valuable insights into the best practices for creating and executing lease agreements.
Case Studies: In-depth case studies of lease agreements can provide a detailed understanding of the problems encountered and the solutions implemented.
Legislative Reforms: Legislative reforms can be proposed to address the issues encountered in lease agreements and provide a more balanced and fair process for all parties.

By continuing to research and analyze the issues encountered in lease agreements, it is possible to create a more efficient and beneficial process for all parties involved.

Limitations of the Study

This study has several limitations, including:

Sample Size: The sample size of the study is limited to one case study, which may not be representative of all lease agreements.
Data Collection: The data used in the study was collected through interviews and literature studies, which may not be comprehensive or representative of all lease agreements.
Analysis: The analysis of the data was qualitative, which may not provide a comprehensive understanding of the issues encountered in lease agreements.

Future Research Directions

Future research can focus on addressing these limitations by:

Increasing the Sample Size: Increasing the sample size of the study to include more case studies can provide a more comprehensive understanding of the issues encountered in lease agreements.
Improving Data Collection: Improving data collection methods, such as using surveys or questionnaires, can provide a more comprehensive understanding of the issues encountered in lease agreements.
Using Quantitative Analysis: Using quantitative analysis, such as statistical analysis, can provide a more comprehensive understanding of the issues encountered in lease
Q&A: Juridical Analysis of Building Lease Agreement under the Hands of Things that are not Promised Explicitly =============================================================================================

Q: What is a building lease agreement?

A: A building lease agreement is a contract between a landlord and a tenant that outlines the terms and conditions of the rental of a building or property.

Q: What are the common problems encountered in building lease agreements?

A: Some common problems encountered in building lease agreements include:

Regulation and implementation of the agreement: How can the regulation and implementation of the lease agreement be carried out effectively?
The position of the parties: What is the position of the rights and obligations of each party in the agreement?
Dispute resolution: How can disputes between the parties be resolved?

Q: What is the importance of using authentic deeds (notarial) in building lease agreements?

A: The use of authentic deeds (notarial) in building lease agreements is important to ensure legal certainty in the event of a dispute in the future. It also provides a clear and transparent record of the agreement, which can help prevent problems in the future.

Q: What are the benefits of including clauses regarding building insurance and the authority to reassemble the existing facilities in building lease agreements?

A: The inclusion of clauses regarding building insurance and the authority to reassemble the existing facilities in building lease agreements can help prevent problems in the future and protect the rights of both parties. It can also provide a clear understanding of the responsibilities and obligations of each party.

Q: How can disputes between the parties in building lease agreements be resolved?

A: Disputes between the parties in building lease agreements can be resolved through peaceful reconciliation, mediation, or arbitration. It is also possible to bring the case to court, but this should be a last resort.

Q: What are the limitations of this study?

A: This study has several limitations, including:

Sample size: The sample size of the study is limited to one case study, which may not be representative of all lease agreements.
Data collection: The data used in the study was collected through interviews and literature studies, which may not be comprehensive or representative of all lease agreements.
Analysis: The analysis of the data was qualitative, which may not provide a comprehensive understanding of the issues encountered in lease agreements.

Q: What are the future research directions?

A: Future research can focus on addressing the limitations of this study by:

Increasing the sample size: Increasing the sample size of the study to include more case studies can provide a more comprehensive understanding of the issues encountered in lease agreements.
Improving data collection: Improving data collection methods, such as using surveys or questionnaires, can provide a more comprehensive understanding of the issues encountered in lease agreements.
Using quantitative analysis: Using quantitative analysis, such as statistical analysis, can provide a more comprehensive understanding of the issues encountered in lease agreements.

Q: What are the recommendations for future research?

A: Based on the findings of this study, the following recommendations are made for future research:

Comparative analysis: A comparative analysis of lease agreements in different countries or jurisdictions can provide valuable insights into the best practices for creating and executing lease agreements.
Case studies: In-depth case studies of lease agreements can provide a detailed understanding of the problems encountered and the solutions implemented.
Legislative reforms: Legislative reforms can be proposed to address the issues encountered in lease agreements and provide a more balanced and fair process for all parties.

By continuing to research and analyze the issues encountered in lease agreements, it is possible to create a more efficient and beneficial process for all parties involved.