PENYELESAIAN SENGKETA DALAM PERJANJIAN PINJAM PAKAI TANAH BERDASARKAN HUKUM PERDATA (Studi Kasus Kampung Dayun Siak)

Abstract

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 law research. Based on the results of the study,
it was shown that the implementation of the Lend-Use Agreement between the
First Party and the Second Party was carried out verbally with the object of the
agreement being foodcrop land. In the agreement, it was agreed that the main
provisions were that the Second Party was only allowed to plant foodcrops. The
agreement that has been made above has explained the existence of the parties
related to the rights and obligations of each party, on that basis the agreement that
has been made between the two parties has fulfilled the legal requirements of the
agreement as stipulated in Article 1320 of the Indonesian Civil Code. However, in
its implementation, the Second Party does not follow the agreement that has been
made, resulting in a default. The settlement of disputes between the first party and
the second party in the Lend-Use Agreement in Berumbung Baru Village, Dayun
District, Siak Regency has been carried out through non-litigation and litigation.
However, these efforts could not solve the problem. The inhibiting factors for
resolving land-borrowing disputes through mediation and litigation are not
resolved because there is no goodwill from the Second Party, and this causes the
problems that have occurred to date have not been resolved.
Keywords: Dispute - Agreement - Lend Use Agreement - Private Law