CD Skripsi
Penyelesaian Sengketa Dalam Perjanjian Pinjam Pakai Tanah Berdasarkan Hukum Perdata (Studi Kasus Kampung Dayun Siak)
ABSTRACT
Dispute resolution is expected not only to win or lose, but more effort are
made to reach an agreement between the disputing parties by consensus and
benefit both parties (win-win solution). This study explains how the settlement of
disputes in the borrow-to-use agreement that occurs in the community in
Berumbung Baru Village, Dayun District, Siak Regency.
This study aims to determine the implementation of the lend-use
agreement between the first party and the second party, and efforts to resolve
disputes in the lend-use agreement between the first party and the second party
based on civil law. This research is useful theoretically and practically. The type
of research is sociological juridical legal research (empirical legal research),
namely empirical studies to find theories regarding the process of occurrence and
about the working process of law in society.
Based on the results of the study, it shows that the implementation of the
land loan-use agreement between the First Party and the Second Party is carried
out verbally with the object of the foodcrop land agreement inseparable from the
obligations of the Second Party which may only plant food crops. In fact, the
Second Party did not fulfill this achievement. Various dispute resolution efforts
made by the parties are through non-litigation and litigation. However, these
efforts could not solve the problem. Factors inhibiting the settlement of land
borrowing disputes through mediation and litigation are not resolved because
there is no good faith from the Second Party, and cause the problems that occur to
be unresolved. The author's suggestions, First, it is expected that the land use loan
agreement should be made in writing so that there is legal certainty. Second, it is
expected for the parties to return to mediation and resolve the problem based on
the recommendations of this study where the second party returns the first party's
land and the first party pays compensation to the second party according to the
costs incurred to plant the oil palm.
Keywords: Dispute - Agreement - Lend-Use Agreement - Private Law
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