PELAKSANAAN KEWAJIBAN PENGGARAP DALAM PERJANJIAN BAGI HASIL USAHA PERKEBUNAN KARET DI DESA PETAR DALAM KABUPATEN MUARA ENIM PROVINSI SUMATERA SELATAN

Abstract

The implementation of cooperation agreements for the production of rubber plantation land is
mostly carried out in rural areas and is carried out verbally, as happened in Petar Dalam Village,
Muara Enim Regency, South Sumatra Province. In carrying out this agreement, there are times when
problems occur between the parties. Most of the problems in Petar Dalam village are caused by
cultivators who are negligent in carrying out their obligations. Therefore, the purpose of this research
is to first examine the implementation of cultivator obligations in the rubber plantation business
cooperation agreement in Petar Dalam Village, Muara Enim Regency, South Sumatra Province.
Second, settlement of disputes on the implementation of cultivator obligations in the rubber plantation
business cooperation agreement.
This type of research can be classified as sociological research. The research location takes
place in Petar Dalam Village, Muara Enim Regency, South Sumatra Province, while the population
and sample are all parties related to the problem under study. This study uses data sources in the form
of primary and secondary data, and data collection techniques are carried out through interviews.
From the results of research problem, there are two things that can be concluded. From the
results of research problems there are two things that can be concluded. First, the implementation of
the cultivator's obligations in the rubber plantation business agreement in Petar Dalam Village has a
background of beliefs and habits that have been carried out for a long time, as well as the rights and
obligations of the cultivator and the owner, which were also spoken verbally when making an
agreement, which led to several cases of neglect by cultivators in carrying out their obligations.
Second, the settlement of disputes regarding the implementation of the cultivator's obligations in the
rubber plantation business cooperation agreement in Petar Dalam Village is amicable, namely by
conducting deliberations of the parties, but if the deliberations do not reach a meeting point, the
Headman will be involved as a mediator. The author's suggestion is First, it is better if the owner and
cultivator use a written agreement as the basis for entering into a production sharing cooperation
agreement to ensure the fulfillment of the rights and obligations of the parties in entering into the
agreement, and it is easy to prove if in the future there is a default by one of the parties. Second, it is
better if, when entering into a production sharing agreement, the owner and cultivator involve the
headman and two witnesses so that the headman, as village apparatus, can also be the official
mediator in any disputes between the parties.
Keywords: Agreement-Cooperation-Profit Sharing