Penerapan Prinsip Itikad Baik dalam Perjanjian Sewa Menyewa Terhadap Kasus Perbuatan Melawan Hukum (Onrechtmatige Daad) (Studi Kasus Putusan Nomor 545

A lease agreement as part of a civil legal relationship requires implementation based on the principle of good faith. Failure to adhere to this principle not only has the potential to cause disputes, but can also result in unlawful acts (onrechtmatige daad), as seen in Decision Number 545 K/PDT/2023. The first research question in this study is: How is the principle of good faith applied in lease agreements in relation to the unlawful act case in Judgment No. 545 K/PDT/2023, Second, is the legal basis for the judge's decision in Judgment No. 545 K/PDT/2023 in accordance with applicable law. The purpose of this study is to analyze the application of the principle of good faith in this case and to examine the legal basis for the judge's decision. This study uses a normative legal method with a legislative, conceptual, and case-based approach, focusing on literature analysis. The results of the study indicate that Defendant I, as the tenant, did not apply the principle of good faith during the contractual and post-contractual stages, which involved Defendant II as the insurance party. The judge's legal considerations in Decision No. 545 K/PDT/2023 indicate that the formal-contractual approach used did not reflect substantive justice and ignored the principle of good faith and protection for the aggrieved party.
Keywords: Lease Agreement, Principle of Good Faith, Unlawful Act (Onrechtmatige Daad)