Perjanjian Jual Beli Lateks Antara Petani Dengan Tengkulak Ditinjau Dari Asas Kebebasan Berkontrak (Studi Kasus Di Desa Kembung Luar Kecamatan Bantan Kabupaten Bengkalis)

Nizam, M. Khoirun (2020) Perjanjian Jual Beli Lateks Antara Petani Dengan Tengkulak Ditinjau Dari Asas Kebebasan Berkontrak (Studi Kasus Di Desa Kembung Luar Kecamatan Bantan Kabupaten Bengkalis). Other thesis, Universitas Islam Riau.

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Abstract

sale-purchase agreement is an agreement made between a buyer and seller. According to the agreement, the seller is obliged to submit the purchase and sale targets to the buyer and has the right to charge prices, and the buyer is obliged to pay the price and has the right to receive the object. In the latex sale and purchase agreement in the village of Kembung Luar, Bantan district, Bengkalis district, the farmers approached the middlemen and made several loans and were paid by selling the latex harvest to the middlemen, but the farmers did not sell their harvest to the middlemen. In this case, when viewed from the expectation of freedom of contract, normative restrictions are stated that the implementation of the agreement must be based on good faith. However, it can be seen from the explanation in this study, the farmers did not have a good intention to enter into a latex sale and purchase agreement. Based on the background in this study, the authors define the main problems as follows: What is the form of the implementation of latex sale and purchase agreements between farmers and middlemen, and what efforts can be taken by the latex middlemen if the farmers do not make a purchase agreement. The method of this research is observational research where the writer goes directly to the field and registers the parties involved in the research in order to obtain the data of this study to learn how the implementation of the latex sale and purchase agreement between farmers and middlemen in the Kembung Luar Village, Bantan District, Bengkalis Regency and how this purchase agreement in terms of the principle of freedom of contract. The results of this study provide the conclusion that this latex sale and purchase agreement, the farmer does not carry out the achievements as promised. Where the contents of the agreement between farmers and middlemen is how the process of paying debts owed by farmers to middlemen is done in writing if the debt borrowed by the farmers exceeds Rp. 2,000,000.00, but the agreement was not implemented in good faith based on the principle of freedom of contract saying the agreement could be canceled. However, it does not eliminate the debt owed by the farmers to the middlemen. Furthermore, the legal remedies that a middleman does is to make a reprimand to the farmer to immediately keep his promise to pay his debt by selling the harvest to the middleman who is owed.

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