DEDIANSYAH, DEDIANSYAH (2009) PENYANDAAN BARANG PADA MASYARAKAT ADAT BANJAR DITINJAU DARI PERSPEKTIF HUKUM PERDATA (Studi Kasus Di Kelurahan Pekapuran Raya Banjarmasin). Other thesis, University of Muhammadiyah Malang.
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Abstract
Research object and the problem in this research was: how the penyandaan barang happened in Banjar local society? What cause created by the penyandaan barang when there was violation in agreement? How the penyandaan barang from the civil law perspective? Method used was socio-juridical, according to the research done to real condition in order to find fact. While data analysis used descriptive analysis using respondents or source, so that there would be described problem statements which were related each other whether in theoretical way or practice. The location was in Pekapuran village Banjarmasin, since there were so many people which was done the penyandaan barang. Penyandaan barang is a law action where a person helping each other in money lending, but there should be an object guaranteed. The object is usually a formed object or the opposite. The example is motor vehicle, television, radio, cell-phone, house, land, and jewelry. Valuable letter was not including into penyandaan barang. This posession agreement is a transaction between two parties, where one party gave an object to be posessed by another party while the person received cash payment, but the object owner still has rights to pay the object back. This object posession was done in writtten evidence or unwritten (words), but in practice, many people do it orally, where they were trusted each other. The payment should also done by agreement of the parties. Related with the law existed in Indonesia, in this case civil law, this object posession was lending agreement and the agreement was major agreement. While in the development this object posession was similar with pawning. Where pawning was an accessoir agreement or following major agreement. In its practice, the object which became guarantee in pawning was movement object, it also stated in Civil Law section 1150. While in object posession, guaranteed object were moved object or un-moved object. Object posession in Banjar local culture in Pekapuran Raya village often made conflict. The conflict trigerred by the parties. The example was first parties who gave object to be posessed violating their promises. This agreement was about debt payment to the person who posessed object. The deal related with debt payment or in Banjar term was ”keramput” to the creditor, which should be paid at that time. Beside, the conflict could also cause by the person who posessed the object who broke the object. In the agreement, there always stated that the object became the creditor responsible. While in this deal, if there was agreement, the object would be given to the creditor (penyanda) as guaranteed object. Conflict happened because of this violation was so annoying, where the harmonic people who once lived in harmony and gave priority to family value created an enmity. It became a problem, where in this object control, people agreement didn’t state in a written agreement and there was no witness. So if there was a problem, it couldn’t be taken to the court to be trial. This problem was solved by negotiation involving local house-hold chief (RT/RW), even local village chief.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | Anwar Jasin |
| Date Deposited: | 03 Apr 2012 03:46 |
| Last Modified: | 03 Apr 2012 03:46 |
| URI : | http://eprints.umm.ac.id/id/eprint/1726 |
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