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Keabsahan perjanjian bagi hasil pemeliharaan hewan menurut hukum adat (studi di desa Bayem Kec.Kasembon Kab.Malang) (CD + Cetak)
The writing of this thesis discusses the validity of the agreement for the results of raising livestock according to traditional law in the Bayem Village, Kasembon District, Malang Regency. The main issues discussed in this thesis are how the validity of the agreement for the results of raising livestock according to customary law, as well as how liability if there is a dispute in the agreement according to customary law. The purpose of writing this thesis is to know and study the validity of the agreement for the results of raising livestock according to
customary law, know the factors that encourage the occurrence of the agreement, the form of the agreement, the distribution of results in the agreement, know the factors that make the agreement expire or be canceled, and know the accountability when it occurs a dispute in the agreement.
To solve the problems discussed in this thesis, the authors use the relevant problem approach method, namely normative juridical. Sources of legal materials used consisted of primary legal materials, namely the Law, then secondary legal materials in the form of books and journals, as well as non-legal materials namely interviews, dialogues and observations (observations). Based on the results of the study, it is known that the production sharing agreement according to customary law is a valid agreement even though the terms of its validity are not written, the driving factor for this agreement is the economic factor, the result sharing system has four ways, namely: Maro (1: 1), Mertelu ( 1: 2), Mrapat (1: 3), Mrolima (1: 4) or (2: 3). There are four factors or things that can result in agreements for livestock raising results according to customary law ending or being canceled, namely: because the agreement has been fulfilled, one of the parties has an (economic) interest, the farmer is unable to maintain the livestock, and the animal is promised to die Completion when there is a dispute in the
agreement for the sharing of livestock according to customary law carried out in a family. The highest level of dispute resolution is only at the local village government. The village head acts as a mediator as well as a witness. When a dispute occurs, then a written agreement is witnessed directly by the Village Head, the agreement is in the form of a statement that the party conducting the default is willing to bear compensation within a certain time limit, the amount of compensation is determined by both parties and according to the agreed
agreement system.
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