Perjanjian Pinjam Emas dengan Jaminan Tanah Sawah dalam Masyarakat Aceh Pidie (Studi Kasus Kantor Kepala Desa Raya Paleue)

Abstract

Today there is has not changed some habits in Aceh Pidie society like gold loan agreement with the warranty of rice field. Gold become a very expensive item in Aceh society. Problem to be investigated in this gold loan agreement with warranty of rice field issue is form and purpose of the gold loan agreement with warranty of rice field. Loan agreement process with the warranty of rice field. Legal conditions of borrowing gold with the warranty of rice field. Barriers to the return of the gold, the shape of a dispute, means of dispute resolution, obstacles in solving the dispute. In article 1313 Book of Civil Law mentioned that an agreement is an act by which one or more persons bind themselves to one or more persons. Warranties is something that is given to the creditor to increase the confidence of debtor will fulfill a liability that can be assessed with money arising from an engagement. Type of research in the writing of this thesis is normative juridical research is a study that deductively begins analysis of the articles in the regulations of Laws that regulate the problems. The character of writing in this thesis is a descriptive research analysis that is a research consisting of one variable. To obtain the necessary data in this study, researchers conducted research in kampung Raya Paleue Kecamatan Simpang Tiga, Kabupaten Pidie. To obtain the necessary data in this study, researchers using data collection tools are Library research and Field research Based on this study research using descriptive research analysis , the data analysis used was qualitative approach to primary data and secondary data. The results of the discussion will be undertaken in the village of Raya Paleue, gold loan agreement with the guarantee of rice land is customary agreement in force since hereditary. Legal requirements for an agreement are stated in the Civil Code. Authorizes local governments to customary institutions concerned to resolve disputes that there are such that the write Qanun No. 10 Tahun 2008.