Analisis Tentang Perjanjian Penyewaan Lahan Tanah Oleh Perum Prasarana Perikanan Cabang Belawan Dengan Pihak Penyewa
Main Author: | Indriany, Iin |
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Other Authors: | Yamin, Muhammad, Gani, Syafnil, Bustami, Chairani |
Format: | Masters |
Bahasa: | ind |
Subjects: | |
Online Access: |
http://repository.usu.ac.id/handle/123456789/29463 |
ctrlnum |
123456789-29463 |
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fullrecord |
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<dc schemaLocation="http://www.openarchives.org/OAI/2.0/oai_dc/ http://www.openarchives.org/OAI/2.0/oai_dc.xsd"><title>Analisis Tentang Perjanjian Penyewaan Lahan Tanah Oleh Perum Prasarana Perikanan Cabang Belawan Dengan Pihak Penyewa</title><creator>Indriany, Iin</creator><subject>Hire-Land Contract</subject><subject>Fishery Public Corporation</subject><subject>Tenants</subject><description>Belawan Branch office of Fishery Infrastructure Public Corporation (PERUM) which is entitled to the supervision of the land at Gabion fishing harbor, Belawan, for fishery business and services has made a contract with the land tenants in the form of a standard contract with the contract format made unilaterally by the company. The hire-land contract consisted of short-term rent for five-year term rent (one year, 20 year, and 30 years) for annual payment and long-term rent for five-year term rent up to 20 year-term rent with the payment in cash all at once, but can be prolonged with the consent of the company. Some of the rents have been certified (Building Rights with Notarial Instrument) and some of them have not been certified.
The method of the research was descriptive analytic with judicial normative approach. The data were analyzed and described, in accordance with what had been implemented by the company and were based on the legal provisions. The conclusions were drawn by using deductive method and supported by the viewpoints of the source persons, namely, the Head of Belawan Branch Office and its staffs/employees.
The result of the research showed that the regulations which regulated the rights of Belawan Branch Office of Fishery Infrastructure Public Corporation to supervise the land at the Gabion harbor, Belawan, was based on the Government Regulation No. 23/2000 and the decrees of the Minister of Marine and Fishery No. 32/2001 and No. 41/2007. The implementation of the Right and Obligation according to the agreement between the company and the tenants was based on the decree of the Minister of Marine and Fishery No. 32/2001 and was also based on the agreement made unilaterally by the company. The termination of the contract was due to the termination of rent time limit and was void by law. Even though the content of the contract tends to give the benefit to the company, since it functions as a State-owned Enterprise which automatically functions as a public service, it should give the facilities and services to the public, especially to the tenants so that if there is a dispute, it should be arbitrated peacefully and with mutual agreement. Even though the case can be brought to the Court as it is included in the clause of the contract, the violation is merely about fine and warning. Therefore, the contract system should be carried out so that it can activate the economic condition on the land supervised by Belawan Branch Office of Fishery Infrastructure Public Corporation in order to develop fishery business at Gabion, Belawan.</description><description>097011030</description><contributor>Yamin, Muhammad</contributor><contributor>Gani, Syafnil</contributor><contributor>Bustami, Chairani</contributor><date>2011-10-13T03:27:36Z</date><date>2011-10-13T03:27:36Z</date><date>2011-10-13</date><type>Thesis:Masters</type><identifier>Franz</identifier><identifier>http://repository.usu.ac.id/handle/123456789/29463</identifier><language>ind</language><recordID>123456789-29463</recordID></dc>
|
language |
ind |
format |
Thesis:Masters Thesis |
author |
Indriany, Iin |
author2 |
Yamin, Muhammad Gani, Syafnil Bustami, Chairani |
title |
Analisis Tentang Perjanjian Penyewaan Lahan Tanah Oleh Perum Prasarana Perikanan Cabang Belawan Dengan Pihak Penyewa |
topic |
Hire-Land Contract Fishery Public Corporation Tenants |
url |
http://repository.usu.ac.id/handle/123456789/29463 |
contents |
Belawan Branch office of Fishery Infrastructure Public Corporation (PERUM) which is entitled to the supervision of the land at Gabion fishing harbor, Belawan, for fishery business and services has made a contract with the land tenants in the form of a standard contract with the contract format made unilaterally by the company. The hire-land contract consisted of short-term rent for five-year term rent (one year, 20 year, and 30 years) for annual payment and long-term rent for five-year term rent up to 20 year-term rent with the payment in cash all at once, but can be prolonged with the consent of the company. Some of the rents have been certified (Building Rights with Notarial Instrument) and some of them have not been certified.
The method of the research was descriptive analytic with judicial normative approach. The data were analyzed and described, in accordance with what had been implemented by the company and were based on the legal provisions. The conclusions were drawn by using deductive method and supported by the viewpoints of the source persons, namely, the Head of Belawan Branch Office and its staffs/employees.
The result of the research showed that the regulations which regulated the rights of Belawan Branch Office of Fishery Infrastructure Public Corporation to supervise the land at the Gabion harbor, Belawan, was based on the Government Regulation No. 23/2000 and the decrees of the Minister of Marine and Fishery No. 32/2001 and No. 41/2007. The implementation of the Right and Obligation according to the agreement between the company and the tenants was based on the decree of the Minister of Marine and Fishery No. 32/2001 and was also based on the agreement made unilaterally by the company. The termination of the contract was due to the termination of rent time limit and was void by law. Even though the content of the contract tends to give the benefit to the company, since it functions as a State-owned Enterprise which automatically functions as a public service, it should give the facilities and services to the public, especially to the tenants so that if there is a dispute, it should be arbitrated peacefully and with mutual agreement. Even though the case can be brought to the Court as it is included in the clause of the contract, the violation is merely about fine and warning. Therefore, the contract system should be carried out so that it can activate the economic condition on the land supervised by Belawan Branch Office of Fishery Infrastructure Public Corporation in order to develop fishery business at Gabion, Belawan. 097011030 |
id |
IOS3619.123456789-29463 |
institution |
Universitas Sumatera Utara |
institution_id |
31 |
institution_type |
library:university library |
library |
Perpustakaan Universitas Sumatera Utara |
library_id |
599 |
collection |
USU - Institutional Repository |
repository_id |
3619 |
city |
KOTA MEDAN |
province |
SUMATERA UTARA |
repoId |
IOS3619 |
first_indexed |
2016-11-06T09:16:51Z |
last_indexed |
2016-11-06T09:16:51Z |
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dc |
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1550244919628529664 |
score |
17.610487 |