Nuramanda Putri, Rezica (2024) Pelaksanaan Perjanjian Tidak Tertulis Sewa Menyewa Tanah Pada Usaha Batu Bata Di Jorong Koto Malintang, Nagari Bukit Limbuku, Payakumbuh. Other thesis, Universitas Islam Riau.

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Abstract

A lease is an agreement, by which one party binds himself to give to the other the enjoyment of a good, for a certain amount of time and with the payment of a price for which the latter party is willing to pay. In an unwritten (oral) land lease agreement has a considerable risk for the landowner and will have an impact on the landowner who suffers losses due to the tenant not paying rent according to the agreed time, due to the absence of written evidence, so that the dispute resolution will be difficult if there is a default, such as a legal event regarding the lease of land for a brick business in Jorong Koto Malintang, Nagari Bukit Limbuku, which in making a land lease agreement, does not make a written agreement but only makes an agreement verbally, because in traditional communities it is considered easier and has become a habit of the local community. As a result, the problem of default in this unwritten agreement (oral) arises between the two parties. The formulation of the problem in the above research is: first How to implement an unwritten agreement on land leases in the brick business in Jorong Koto Malintang, Nagari Bukit Limbuku Payakumbuh, and second How to Resolve Default on an unwritten agreement for land leases in a brick business in Jorong Koto Malintang, Nagari Bukit Limbuku. The research method used in this study is a type of empirical research , namely research directly carried out to the research location using data collection tools in the form of interviews and observations of respondents and research objects. The method of drawing conclusions that the author uses is the inductive method, which is the process of drawing conclusions from things that are specific to things that are general. From the results of research by the author is first, an unwritten agreement written on land leases in brick businesses in Jorong Koto Malintang, Nagari Bukit Limbuku, Payakumbuh the occurrence of default is caused by tenants who have violated the agreement agreed at the beginning. The negligence occurred because the tenant exceeded the rent payment limit on the grounds that he did not have money due to the falling price of bricks. Second, the settlement of this default is carried out outside the court (non-litigation) rather than the court route (litigation) so as to reach an agreement because according to the owner of the land where the brick business is easier, faster and less costly. In addition, this non-litigation route has become a local custom. The selection of this negotiation mechanism is carried out on the awareness of the parties.

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