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Payung, Otniel
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PERAKTIK GADAI SAWAH TANPA BATAS WAKTU Arfah, Arfah; Payung, Otniel
Jurnal Delik ADPERTISI Vol. 3 No. 2 (2024): Juli 2024
Publisher : Jurnal Delik ADPERTISI

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The main problem of this research is how the practice of pawning rice fields indefinitely in the new Maros sub-district, Maros Regency, namely debtors who pawn their rice fields to creditors who will provide money loans. Then the rice fields change hands to the creditor or debtor. As long as it is in the hands of the creditor, the right to cultivate, plant and harvest the rice fields is in the hands of the creditor and there is no time limit for the repayment of the loan. This can certainly harm one of the parties, usually the party who feels the most disadvantaged is the pawnbroker (Debtor), because the rice fields that are used as collateral are fully utilized by the pawnbroker. This type of research is field research carried out in Maros Baru District, Maros Regency. To obtain valid data, the compiler used several data collection methods, namely interviews and documentation. There are two sources of data in this study, namely primary data sources as a result of interviews with sub-district officials, pawnbrokers and pawnbrokers, while secondary data is in the form of documents, books, records and so on. The analysis of the collected data uses a descriptive method of analysis using a qualitative approach. Based on the results of the research, it was concluded that in the practice of pawning rice fields carried out by the people of Maros Baru sub-district, Maros regency, there are two first, the intention is indeed to help and the second is only to take advantage of what the debtor is exclaiming.
Analasis Yuridis Perjanjian Gadai di PT Pegadaian (Persero) Cabang Maros Arfah; Payung, Otniel
Jurnal Delik ADPERTISI Vol. 3 No. 1 (2024): Januari 2024
Publisher : Jurnal Delik ADPERTISI

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Abstract

The main problem of this research is how to analyze the juridical pawn agreement at PT Pegadaian (Persero) Maros Branch. The subject matter is further broken down into several subproblems, namely how to implement the lien agreement at PT Pegadaian (Persero) Maros Branch and how the process of resolving the default of the lien agreement at PT Pegadaian (Persero) Maros Branch. This research is a type of qualitative field research. This research will be conducted by interviews with branch leaders, employees of PT Pegadaian (Persero) Maros Branch and customers of PT Pegadaian. This research uses a sociological legal approach, namely direct field research. Data collection is obtained from observation, interviews and questionnaires. Based on the results of the study, it was answered that the implementation of the pawn agreement at PT Pegadaian (Persero) Maros Branch has not been effective because there are still many customers who do not heed the implementation of the pawn agreement so that only 57% is carried out and the implementation of the lien agreement is not carried out 43% of the total percentage of 100%. Meanwhile, the process of resolving the default of the pawn agreement at PT Pegadaian (Persero) Maros Branch is 1) for customers who do not pay credit installments or maturity, PT Pegadaian will reprimand customers by calling, SMS, writing to customers and the last resort taken is by parate execution or auction, 2) regarding the provision of compensation for lost customer collateral by indemnifying them in full or in whole while damaged collateral can be done by paying compensation of 125% of the estimated value of goods listed in SBK or can be more in accordance with the agreement and policy of PT Pegadaian it self.
PENYELESAIAN WANPRESTASI SEWA MENYEWA TANAH DENGAN SISTEM PEMBAYARAN PANEN PADI Arfah, Arfah; Payung, Otniel
Jurnal Delik ADPERTISI Vol. 4 No. 2 (2025): Juli 2025
Publisher : Jurnal Delik ADPERTISI

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Basically, a lease agreement is a common agreement, where each party involved in the agreement (hak fasakh), because the lease is a reciprocal agreement (exchange). The existence of a lease agreement certainly has legal consequences between the tenant and the landowner which gives rise to rights and obligations that must be fulfilled. If done properly and legally justified, it is called a performance. If a problem arises in an agreement/agreement, it is called a breach of contract. This study aims to determine the resolution of land lease defaults with a harvest payment system in Mattirotasi Village, Maros Baru District. This type of research is field research. While the nature of the research is descriptive. The data sources used are primary and secondary data sources. Data collection was carried out using interview techniques and documentation. The data findings are described descriptively and analyzed using inductive thinking. The results of this study indicate that the resolution of land lease defaults with a harvest payment system in Mattirotasi Village, Maros Baru District was carried out by means of peace through deliberation or by means of family that directly involved both parties only. Peace is a principle in Islam. Settlement of default through peace will be able to create a better sense of mutual understanding between the disputing parties because they themselves decide.
Co-Authors Arfah Arfah, Arfah