Analisis Yuridis Perjanjian Bagi Hasil Antara Pemilik Lahan dan Petani Penggarap di Kelurahan Cengkeh Turi Kota Binjai

Abstract

Product sharing contract is still frequently made between a land owner and a tiller in Kelurahan Cengkeh Turi, Binjai because the land owner does not have the necessary skills or time to manage his land but he wants to receive profits from the land. The parties have been making verbal or unwritten product sharing contract which may harm them in case of any disputes since such contract has no evidence to prove. The research delves into how the rights and obligations of the land owner and tillers are in the product sharing contract made in Kelurahan Cengkeh Turi, Binjai. How about the legal problems arising due to the product sharing contract between the land owner and tillers in Kelurahan Cengkeh Turi, Binjai, and How about the forms of legal protection for the land owner and tillers in the product sharing contract in Kelurahan Cengkeh Turi, Binjai.

This descriptive research employs normative juridical and empirical juridical method. It collects secondary data, consisting of relevant primary. secondary, and tertiary legal materials, through library study and field study, and draws the conclusion using qualitative analysis method.

The research findings demonstrate that the land owner and tillers have made a verbal contract without engaging the Village Head and witness and neglecting the provisions stipulated in the Law No. 2/1960 on Product Sharing, regulating the contract object, form, term, product sharing, rights and obligations. However, all parties have fulfilled and exercised their rights and obligation as what has been agreed. The problem arising in a product sharing contract is due to the fluctuating agricultural products, affected by natural factors. Such problem is settled consensus in which the farmer group serves as the mediator to settle the disputes and hitherto any disputes are settled before having to involve Head Village or a court.