Status Kepemilikan Tanah Dikaitkan dengan Perjanjian Bagi Hasil di Dataran Tinggi Pasemah Kabupaten Lahat Propinsi Sumatera Selatan

Abstract

This research is descriptive-qualitatively and aimed to investigate the right status of land, the domicile of the land owner and the wide of the land ownership connected to the sharecropping agreement, to know implementation the sharecropping empirically and the exacting factor supporting and/or inhibiting the realization law No. 2. 1960 according to the sharecropping at Pasemah. The collected data is analyzed by the approach of empirical-normatively that is with the describing the relation between analysis unit as well as confirms between facts with the law, result of research, report and not research object in any relation. considered sharecrop- It concluded that (1) Almost all of land (93,3%) included in the agreement of sharecropping has status of land custom and only a little (6,7%) has the ownership certificate. The status of patent right is not in the determining the biggest of part in the ping. (2) Previously this agreement happened in the family and certain population only, however, little by little there are the changing become half of it having the absentee status (64,4%) and has not the famili relation (51,3%). The absentee land is not explicitly considered in the share, but in the unfolding the absentee land give more advantage to the farmer. (3) There are not found the right subject of land had owned the land beyond the maxi- mum limit and ironically, it is also is not considered in the determining the biggest of sharecropping. (4a) There are not found the agreement of sharecropping according to the Article 3 of Sharecropping Law. Commonly the agreement is in the term of orally (71,2%) and (28,8%) in the term of writing but without approved by the officer. The object of the sharecropping deal is not only victuals vegetation, but also robust vegetation. The custom agreement know here are Janji Nunggu Kate Betaruh. (b) The factors supporting the carrying out of Sharecropping Law such as, usually the subject of sharecropping has know read-write, the densities of activities causing the parties often forget the content of agreement, has many of them taking the written agreement, the situation of office of village chief is not formally, the smooth of transporting and the attention of society. (c) The factor inhibiting such as, usually the subject of sharecropping and chief of village not know the avaibility of sharecropping yet, family relation and society experience often facing the difficulty taking relation with the officer.