TINJAUAN YURIDIS TERHADAP PRAKTIK PERJANJIAN SEWA PACAR DALAM PERSPEKTIF KEBEBASAN BERKONTRAK

Gibran, Ryan Maulana (2025) TINJAUAN YURIDIS TERHADAP PRAKTIK PERJANJIAN SEWA PACAR DALAM PERSPEKTIF KEBEBASAN BERKONTRAK. Undergraduate thesis, UPN Veteran Jawwa Timur.

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Abstract

The phenomenon of renting a girlfriend is a new form of legal relationship that has emerged due to developments in technology and social media. This practice involves an agreement between a renter and a service provider who provides talent to act as a partner for a specified period. This study aims to review the application of the principle of freedom of contract to the validity of rental agreements in Indonesia under Article 1320 of the Civil Code and examine its legal consequences for the parties. The research method used is normative juridical with a statutory and conceptual approach, sourced from laws and regulations, legal literature, journals, and relevant non-legal materials. The results show that rental agreements partially fulfill the requirements for a valid agreement, namely the agreement and capacity of the parties. However, problems arise with the requirements for certain matters and the permissible cause. Rental agreements do not comply with the concept of renting in the Civil Code, while the practice of dating as a cause is not regulated by positive law and has the potential to conflict with religious and legal norms. This renders rental agreements null and void. Consequently, the parties cannot pursue legal remedies if losses occur. Although born from the principle of freedom of contract, agreements must still be subject to legal limitations and norms in Indonesia. Therefore, each party needs to ensure that the agreement made meets all legal requirements so that it does not cause legal problems in the future.

Item Type:

Thesis (Undergraduate)

Contributors: