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All Journal Awang Long Law Review Collegium Studiosum Journal
Benhard Kurniawan Pasaribu
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Humanities Law, Crime, Criminology & Criminal Justice

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Journal : Awang Long Law Review

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ANALYSIS OF BREACH OF CONTRACT IN SHOPHOUSE LEASE AGREEMENTS IN THE COMMERCIAL DISTRICT Putri, Deviana; Asyari, Fatimah; Farahwati; Pasaribu, Benhard Kurniawan
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1829

Abstract

This study aims to analyze the forms of default that occur in shop house lease agreements in the commercial area of Samarinda City and to examine the mechanisms for resolving them. The background of this study is based on the fact that the commercial area in Samarinda is growing rapidly, making shop rental practices an important necessity for economic activities. However, on the other hand, these practices are prone to disputes due to the failure of one party to fulfill their obligations. This study uses an empirical method, where data is obtained through interviews and the distribution of questionnaires to 25 respondents (shop owners and tenants), as well as case documentation at the Samarinda District Court. The results of the study show that the most dominant form of default is late payment of rent, experienced by 62% of shop owners, followed by misuse of shop functions at 18%, and unilateral termination of contracts at 12%. In terms of dispute resolution, 70% of cases were resolved non-judicially through deliberation and mediation, while 30% resolved through litigation in court. The study also found that most lease agreements were made without the involvement of a notary or legal advisor, so that the clauses of the agreement tended to be simple and legally weak. Thus, this study concludes that default in shop lease agreements in Samarinda City is a real and recurring problem, but it can still be minimized through stronger agreements, the involvement of notaries, and increased legal awareness among the parties. This study is expected to contribute to the development of civil law, particularly in the practice of lease agreements in commercial areas.
PURCHASE ORDER AS A REPRESENTATION OF THE AGREEMENT BETWEEN THE PARTIES IN A CONTRACTUAL RELATIONSHIP OF FURNITURE SALES Hartono, Rudi; Asyhari, Fatimah; Pasaribu, Benhard Kurniawan; Kamaluddin
Awang Long Law Review Vol. 8 No. 3 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i3.2140

Abstract

This study analyzes the legal status of Purchase Orders as a manifestation of the parties' agreement in a furniture sales contractual relationship through a normative study of the principles of consensualism, freedom of contract, and legal implications in Indonesian civil law. Normatively, Article 1320 and Article 1338 of the Civil Code emphasize that the validity of an agreement is determined by the fulfillment of the elements of the parties' agreement, not merely the formal form of the document. However, in practice, there are still differences in understanding regarding the legal status of Purchase Orders that have the potential to cause disputes, especially in made-to-order transactions . This study uses a normative legal method with a statutory, conceptual, and case approach. The results of the study indicate that Purchase Orders can be qualified as binding agreements as long as they meet the legal requirements of an agreement, thus giving rise to rights and obligations as well as implications of default if violated. Therefore, it is necessary to strengthen legal construction, establish consistent jurisprudence, and standardize Purchase Order documents to provide legal certainty and protection in trade practices.
Co-Authors Asyari, Fatimah Asyhari, Fatimah Farahwati Hartono, Rudi Kamaluddin Putri, Deviana Saputra, Hendrik Aldi