Analisis Hukum Tentang Kerja Sama Sektor Pertanian (Bawang Merah) Dalam Hukum Kebiasaan Di Desa Banyuanyar Tengah, Kecamatan Banyuanyar, Kabupaten Probolinggo

Abstract

Profit-sharing agreements in the agricultural sector, especially shallots, are one of the profit-sharing agreements that are often used in the lives of the people of Central Banyuanyar Village, Banyuanyar District, Probolinggo Regency. In its implementation, the community there uses an unwritten profit-sharing agreement so that it causes legal weakness in terms of evidence when a default or problem occurs in the future. Therefore, the purpose of this study is to find out the legal aspects used in this profit-sharing agreement and to find out the solution in the event of a default committed by the parties. In this study, the author uses an empirical juridical method, namely direct involvement in the community to obtain data that will then be relevant to the law on agreements. The data obtained will then be written in a qualitative descriptive manner, which will be written extensively, concisely, completely, and clearly. From the results of this study, it can be concluded that the people of Central Banyuanyar Village do not always take care of the shallots they plant, sometimes they make profit-sharing agreements with others with the sharing of profits that have been agreed upon based on applicable customs. From the agreement that has been made, even though the agreement is not written, it is legally valid because according to article 1338 of the Civil Code, the agreement that is legally made is valid as a law for those who make it. If there is a default committed by the parties, the way to solve the problem can be through non-litigation methods (mediation, negotiation, conciliation) and litigation.

Keywords: Unwritten profit sharing agreement.