Perlindungan Hukum Peternak Ayam Broiler dalam Perjanjian Kemitraan Antara Peternak dengan PT. Pandawa untuk Memberikan Kepastian Hukum Bagi Masyarakat di Desa Sidorejo Kecamatan Meranti Kabupaten Labuhan Batu

Abstract

Partnership agreement is a form of agreement made by another person or 2 (two) people who promise each other to do something. According to Law Number 2008, partnership is cooperation in business ralations, either directly or indirectly, based on the principle of mutual need, strengthening, and benefit involving micro, small, medium, and large businnes actors. The author contains the following problem formulations: what is the position of the parties in the partnership agreement in Sidorejo village, Meranti District, Labuhan Batu regency in terms of the civil code, how is the legal protection of plasma farmers in the partnership agreement in Sidorejo village, Meranti District, Labuhan Batu egency and how is the resolution of legal disputes between the parties in the partnership agreement between farmers and PT.Pandawa in Sidorejo village, Meranti district, Labuhan batu regency. The method used in this thesis is a normative legal research method. The nature of this research is descriptive with a legislative approach and an agreement approach. The data used is secondary data as the main data consisting of primary, secondary, tertiary legal materials obtained by library study data collection tehniques. This study produces a conclusion, first the position of the parties in the partnership agreement in Sidorejo Village, Meranti District, Labuhan Batu regency has an unbalanced position because the agreement does not meet the valid requirements of Article 1320 and has violated the subjective requirements regarding the agreement of the existence of elements of pressure and coercion. Second, there are 2 legal protections for plasma farmers, namely preventive and repressive, preventive protection in the clause, namely, the first party provides technical guidance on maintenance to the second party, and the first and second parties will jointly conduct a work evaluation after each harvest, repressive protection in the clause, namely all problems that arise and have not been regulated in this cooperation agreement will be further regulated at a later date on the basis of an agreement, and if there is a dispute regarding this agreement, the parties will resolve it through deliberation and if it is not achieved it will be resolved through legal channels. Third, the settlement of legal disputes that occured in the broiler chicken partnership agreement in Sidorejo village was carried out through delibaration, dispute resolution through deliberation is regulated in the 1945 Law and Pancasila in the fourth princple, the dispute that occured, namely the company unilaterally canceled the agreement with the farmer, the core party did not serve the protest from the plasma farmer. The settlement of the dispute resulted in an agreement peace from the parties and the rights of plasma farmers are fulfilled.