Kajian Yuridis Jual Beli Kelapa Sawit antara Toke Besar dengan Masyarakat Desa Pangarambangan Kecamatan Halongonan Kabupaten Padang Lawas Utara (Penelitian pada Masyarakat Pangarambangan Kabupaten Padang Lawas Utara)

Abstract

The sale and purchase is an agreement, whereby the one party binds himself to surrender a material, and the other to pay the price already promised. The scope of agricultural buying and selling is very important, as well as the sale and purchase of palm oil is one of the many in production in Indonesia and even Indonesia is also the largest producer of palm oil in the world. Sale and purchase of palm oil between farmers and companies has been long in this country even palm oil is one of Indonesia's main export products that can compete in the international market. Problems to be studied in the problem of buying and selling practices between large toke with pangarambangan community as follows: 1) How to practice the sale and purchase of palm oil in the village of Pangarambangan Halongonan district north of Padang in accordance with Articles 1473 and 1513 Civil Code. 2) How agreements are made toke palm / buyer with farmers in accordance with Article 1320 Civil Code. Thus the sale and purchase of a purchase price set by a third person constitutes an agreement with a resilient requirement. It is also permissible to fix the price later, provided that the arrangement is approved by both parties. The risk in buying and selling, as we have seen as we discuss this risk issue, generally goes to Article 1460 of the Civil Code, placed on the shoulders of the custodian. In this research, the writer performs the method of Juridical Empirical research, that is the research method which is done to get the primary data and find the truth using inductive thinking method and truth of correspondence and fact which is used to perform induction process to test the truth of the respondent. The nature of the research used in completing this thesis is descriptive analysis of study data sale and purchase of palm fruit. This research was conducted in Pangarambangan Village, Halongonan Sub district, Padang Lawas Utara Regency. Data collection tools, namely library research and field research. Results of research in Pangarambangan Village Halongonan Sub-district of Padang Lawas Utara Regency. Sale and purchase system that occurred in the village of Pangarambangan fairly using the agreement system. Due to the absence of the element of coercion done toke to farmers in the village of Pangarambangan. Farmers feel eased when selling with toke because farmers can not directly sell the palm fruit to the palm fruit management factory in the village of Pangarambangan. Because the factory near Pangarambangan village put as many fruits as possible. If farmers enter individually without through toke or pengepul then the fruit that enter very little. So the factory refused if the farmers sell directly to the factory.