MITIGASI RISIKO TERHADAP WANPRESTASI DALAM PERJANJIAN SEWA-MENYEWA MOBIL (STUDI DI FLOBAMORA RENTCAR & TOUR YOGYAKARTA)

According to Article 1548 of the Civil Code (KUHPerdata), a lease is an agreement by which one party binds itself to provide the enjoyment of an item to another party for a specified period of time, in exchange for payment of a price agreed upon by the latter party. This lease agreement creates rights and obligations that must be fulfilled by the parties in accordance with the agreement. In practice, leases do not always run smoothly; tenants often fail to fulfill their obligations or default. Therefore, the authors wish to further analyze the risk mitigation of default in car rental agreements at Flobamora Rentcar & Tour Yogyakarta. This study utilizes empirical legal research with field research at Flobamora Rentcar & Tour Yogyakarta. The research is descriptive and analytical with an empirical juridical approach. Primary and secondary data sources are used. The data collection techniques employed by the authors include interviews, documentation, and data analysis. This study utilizes Contract Theory, Default Theory, and Risk Mitigation Theory. The results obtained from this study indicate that there were defaults at Flobamora Rentcar & Tour Yogyakarta, including tenants who made late rental payments, late car returns, damage to the car during the rental period, using the car outside the agreed area, not returning the car's fuel as per the initial provisions before the car was used, and pawning the car to a third party. Risk mitigation in the form of efforts to prevent defaults and efforts to resolve defaults carried out outside the court or non-litigation by negotiation through direct communication between the parties to reach an agreement, namely fines and compensation.