Pelaksanaan Perjanjian Bagi Hasil (Merbellah) Ternak Kerbau Berdasarkan Kebiasaan Suku Pakpak (Studi di Desa Pasi Kecamatan Berampu Kabupaten Dairi)

Abstract

Production sharing contract is business cooperation between two parties in which the first party provides all the capital while the second one provides the work. 'Merbellah' (production sharing contract) is made by the local people, in buffalo raising. The objective of this research is to discuss the form of 'merbellah' between the buffalo owners and the buffalo raisers at Pasi village, the sharing portion between them, and the resolution of dispute in the contract between them at Pasi village, Berampu Subdistrict, Dairi Regency. The research uses an empirical approach with descriptive analytic design. The data are used to answer the research problems. Primary data and secondary data are gathered from library research and field research. The result of the research shows that the implementation of this contract at this village is done according to the local oral tradition with the sharing of the first calf is 75:25 and the second calf is 50:50. Secondly, if the buffalo owner wants to sell a female buffalo before it has a calf, he will give some money to the raiser as a fee for grazing the buffaloes. Thirdly, if a female buffalo is barren, it will be sold, and if the raiser is given male buffalo, it will be raised for five to six years, it will also be sold by the owner. The proceeds of the sale will be subtracted by the initial capital, the price of the buffalo when it is first bought after having been subtracted; the rest is divided into two or 50:50. The resolution of the dispute in the 'merbellah', according to the Pakpak customary law in Berampu Subdistrict, Dairi Regency, is that it is resolved through two methods: first, through litigation and through non-litigation such as negotiation between the two parties, the customary law, and through the village head. It is recommended that 'merbellah' (production sharing contract) be made in a written form in order to have legal certainty so that the 'merbellah' made at Pasi village is in accordance with Article 3 of Law No. 2 of 1960 on Production Sharing Contract in which the contract is made in a written form before the authorities.