Rental Agreements That Do Not Meet the Elements of a Halal Cause

The aim of the research is to evaluate the validity of rental agreements that do not meet the elements of a halal cause, to find the legal consequences for the parties of rental agreements that do not meet the elements of a halal cause, to evaluate the judge’s legal considerations regarding leases that do not meet the elements of a halal cause. .

The research method is a normative juridical research type using a statutory approach and a conceptual approach.

Based on the research results, it was concluded that the validity of the rental agreement between Plaintiff Karwanto and Defendant Endra was invalid because one of the conditions for the validity of the agreement was not fulfilled in Article 1320 paragraph (4) of the Civil Code or Civil Code. The legal consequence for the parties of a rental agreement that does not fulfill the elements of a halal cause is that the rental agreement between the Plaintiff Karwanto and the Defendant Endra does not fulfill one of the objective elements, namely a halal cause which results in cancellation, namely that the agreement itself is null and void by law. The judge’s legal considerations regarding leases that do not fulfill the elements of a halal cause are inappropriate in the Court of First Instance because the Panel of Judges does not consider the provisions of Article 1320 of the Civil Code relating to a halal cause as one of the conditions for the validity of the agreement.