Analisis Hukum Frefinacing (pemeliharaan) Kebun Kelapa Sawit Siak I dan Siak II Sebagai Beban APBD Kabupaten Siak (Studi Kasus)

Yarbert, Beni (2021) Analisis Hukum Frefinacing (pemeliharaan) Kebun Kelapa Sawit Siak I dan Siak II Sebagai Beban APBD Kabupaten Siak (Studi Kasus). Other thesis, Universitas Islam Riau.

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Abstract

LEGAL ANALYSIS OF PREFINANCING (MAINTENANCE) OF OIL PALM PLANTATIONS IN SIAK I AND II AS A ONUS ON THE SIAK REGANCY APBD (CASE STUDY) BENI YARBERT ABSTRACT Palm oil is a very profitable commodity, where the palm oil commodity is so profitable that the Siak Regency Government has collaborated with PT. Perkebunan Nusantara V (PTPN V) in the development of oil palm plantations which will later be designated for the community as an effort to improve the welfare of the Siak community. The main problem with this study is the basis of the budget burden of Siak regency on the prefinancing of Siak I and Siakk II Oil Palm plantations and the Consideration of the Council of Judges in Deciding on Case No. 09/Pdt.G/2001/PN. Pbr, Item No. 19/Pdt/2013/PTR, Item No. 3210 K/Pdt/2013 and Item No. 643 PK/Pdt/2017. This research method is a normative research conducted by examining library materials or secondary data which is described deductively. The results of the study concluded that the costs that became the burden of the Siak Regency Regional Revenue and Expenditure Budget were Rp. 33,200,506,647,64,- based on the Novum which became the basis for the Judicial Review Decision which sentenced the Defendant/Respondent for Judicial Review to make Payments and the consideration of the Panel of Judges of the Siak District Court stated that between the Plaintiff and the Defendant in the implementation of Refinancing there was no agreement or engagement of any kind, which results in no agreement on an achievement so there is no default, the Pekanbaru High Court considers that it is based not only on seeking formal truth, but also in civil cases Material truth can be sought, so that although formally there is no legal bond/relationship between The Plaintiff and the Defendant in connection with the implementation of Refinancing for Oil Palm plantations in Siak I and Siak II, but materially the Plaintiff has actually done prefinancing and has been indirectly acknowledged by the Defendant, the Panel of Judges of the Supreme Court in examining the Cassation based on an agreement where in the absence of an engagement or agreement on an achievement there is no default and the Panel of Judges of the Supreme Court in the Judicial Review is based on new evidence/Novum that proves the existence of a legal relationship, and is not targeted at perfect evidence, namely the confession of the plaintiff who expressly acknowledges the prefinancing that was carried out without an agreement or agreement, based on the Novum, the Defendant is declared to have committed an act of default.

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