Default in The Profit Sharing Agreement Between the State Government and Petuanan Areas

Marselo Valentino Geovani Pariela; Merry Tjoanda; Ronald Fadly Sopamena

doi:10.47268/sasi.v27i4.685

Default in The Profit Sharing Agreement Between the State Government and Petuanan Areas

Marselo Valentino Geovani Pariela⁽¹⁾, Merry Tjoanda⁽²⁾, Ronald Fadly Sopamena⁽³⁾

(1) Faculty of Law Pattimura University, Ambon, Indonesia
(2) Faculty of Law Pattimura University, Ambon, Indonesia
(3) Faculty of Law Pattimura University, Ambon, Indonesia
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Corresponding Author

Abstract

In Eti Village, which is located in West Seram District, West Seram Regency, an agreement for marine and plantation products sharing is still being carried out between the Petuanan Region and the Eti Village Government as the parent country. The petuanan area or territory is a village or hamlet that is in the territory of the customary village. The agreement for the sharing of marine products and plantations between the Petuanan area and the State Government of Eti Village was agreed to share the profits of marine products and plantations by 40% which would belong to the Eti State Government and 60% to belong to the Petuanan area. This agreement for marine products and plantations is made based on the ngase system. The Ngase system is a form of cooperation between land owners and workers which is carried out at harvest time. However, in practice, this agreement for marine and plantation products does not go according to what has been agreed. The parent country does not get the pre-agreed profit sharing. Petuanan countries do not carry out their obligations to the detriment of the parent country. This study aims to determine the consequences of default in this profit-sharing agreement as well as to examine the settlement of disputes between the Eti Government and the Petuanan area. The type of research used is sociolegal research, which is a combination research method between doctrinal law research methods and empirical legal research methods. The accountability carried out by the petuanan area is the fulfillment of achievements. Settlement of disputes between the petuanan area and the government of Negeri Eti is through non-litigation and litigation channels.

Keywords

Profit Sharing Agreement; Ngase System; Default

DOI

10.47268/sasi.v27i4.685

Published

2021-11-27

How To Cite

APA: Pariela, M.V., Tjoanda, M., & Sopamena, R.F. (2021). Default in The Profit Sharing Agreement Between the State Government and Petuanan Areas. SASI, 27(4), 444 - 450. DOI: https://doi.org/10.47268/sasi.v27i4.685.

IEEE: M.V. Pariela, M. Tjoanda, and R.F. Sopamena, "Default in The Profit Sharing Agreement Between the State Government and Petuanan Areas", SASI, vol. 27, no. 4, pp. 444 - 450, Nov. 2021. Accessed on: Apr. 27, 2025. [Online]. Available DOI: https://doi.org/10.47268/sasi.v27i4.685

Harvard: Pariela, M.V., Tjoanda, M., and Sopamena, R.F., (2021). "Default in The Profit Sharing Agreement Between the State Government and Petuanan Areas". SASI, Volume 27(4), pp. 444 - 450. [Online]. Available DOI: https://doi.org/10.47268/sasi.v27i4.685 (Accessed on: 27 April 2025)

Chicago: Pariela, Marselo Valentino Geovani, Merry Tjoanda, and Ronald Fadly Sopamena. "Default in The Profit Sharing Agreement Between the State Government and Petuanan Areas." SASI 27, no. 4 (November 27, 2021): 444 - 450. Accessed April 27, 2025. doi:10.47268/sasi.v27i4.685

Vancouver: Pariela MV, Tjoanda M, Sopamena RF. Default in The Profit Sharing Agreement Between the State Government and Petuanan Areas. SASI [Internet]. 2021 Nov 27 [cited 2025 Apr 27];27(4):444 - 450. Available from: https://doi.org/10.47268/sasi.v27i4.685

MLA 8th: Pariela, Marselo Valentino Geovani, Merry Tjoanda, and Ronald Fadly Sopamena. "Default in The Profit Sharing Agreement Between the State Government and Petuanan Areas." SASI, vol. 27, no. 4, 27 Nov. 2021, pp. 444 - 450, doi:10.47268/sasi.v27i4.685. Accessed 27 Apr. 2025.

BibTeX:

@article{SASI685,
		author = {Marselo Pariela and Merry Tjoanda and Ronald Sopamena},
		title = {Default in The Profit Sharing Agreement Between the State Government and Petuanan Areas},
		journal = {SASI},
		volume = {27},
		number = {4},
		year = {2021},
		keywords = {Profit Sharing Agreement; Ngase System; Default},
		abstract = {In Eti Village, which is located in West Seram District, West Seram Regency, an agreement for marine and plantation products sharing is still being carried out between the Petuanan Region and the Eti Village Government as the parent country. The petuanan area or territory is a village or hamlet that is in the territory of the customary village. The agreement for the sharing of marine products and plantations between the Petuanan area and the State Government of Eti Village was agreed to share the profits of marine products and plantations by 40% which would belong to the Eti State Government and 60% to belong to the Petuanan area. This agreement for marine products and plantations is made based on the ngase system. The Ngase system is a form of cooperation between land owners and workers which is carried out at harvest time. However, in practice, this agreement for marine and plantation products does not go according to what has been agreed. The parent country does not get the pre-agreed profit sharing. Petuanan countries do not carry out their obligations to the detriment of the parent country. This study aims to determine the consequences of default in this profit-sharing agreement as well as to examine the settlement of disputes between the Eti Government and the Petuanan area. The type of research used is sociolegal research, which is a combination research method between doctrinal law research methods and empirical legal research methods. The accountability carried out by the petuanan area is the fulfillment of achievements. Settlement of disputes between the petuanan area and the government of Negeri Eti is through non-litigation and litigation channels.},
				issn = {2614-2961},		pages = {444--450}			doi = {10.47268/sasi.v27i4.685},
				url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/685}
		}

RefWorks:

Citation format: Download Citation:

Journal

[1] Hetharie, Y. (2019). Perjanjian Nominee sebagai Sarana Penguasaan Hak Milik atas Tanah oleh Warga Negara Asing (WNA) Menurut Kitab Undang-Undang Hukum Perdata. Sasi, 25(1), 27-36.
https://doi.org/10.47268/sasi.v25i1.147

[2] Pariela, M. V. G. (2017). Wanprestasi dalam Perjanjian Waralaba. Sasi, 23(1), 35-45.
https://doi.org/10.47268/sasi.v23i1.157

[3] Sopamena, R. F. (2021). Kekuatan Hukum MoU Dari Segi Hukum Perjanjian. Batulis Civil Law Review, 2(1), 1-15.
https://doi.org/10.47268/ballrev.v2i1.451

[4] Tjoanda, M., Hetharie, Y., Pariela, M. V. G., & Sopamena, R. F. (2021). Covid-19 sebagai Bentuk Overmacht dan Akibat Hukumnya Terhadap Pelaksanaan Perjanjian Kredit. SASI, 27(1), 93-101.
https://doi.org/10.47268/sasi.v27i1.447

Books

[5] Fuady, M. (1999). Hukum Kontrak, Dari Sudut Pandang Hukum Bisnis, Bandung: Citra Aditya Bakti.

[6] Miru, A., & Yodo, S. (2011). Hukum Perlindungan Konsumen. Jakarta: Raja Grafindo Persada.

[7] Setiawan, I. K. O. (2016). Hukum Perikatan. Jakarta: Sinar Grafika.

Online/World Wide Web, Thesis etc

[8] CNBC Indonesia, Ada Harta Karun DI Kebun RI nilainya hampir 1000 T, https://www.cnbcindonesia.com/market/20210929145345-17-280126/ada-harta-karun-di-kebun-ri-nilainya-hampir-rp-1000t.

[9] Kompas.com, Potensi Sumber Daya Alam Lautan, https://www.kompas.com/skola/read/2020/05/29/090000069/potensi-sumber-daya-alam-lautan..

[10] https://www.djkn.kemenkeu.go.id/kpknl-manado/baca-artikel/13628/Arbitrase-Dan-Alternatif-Penyelesaian-Sengketa.html.

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Dublin Core		PKP Metadata Items	Metadata for this Document

1.	Title	Title of document	Default in The Profit Sharing Agreement Between the State Government and Petuanan Areas

2.	Creator	Author's name, affiliation, country	Marselo Valentino Geovani Pariela; Faculty of Law Pattimura University, Ambon; Indonesia

2.	Creator	Author's name, affiliation, country	Merry Tjoanda; Faculty of Law Pattimura University, Ambon; Indonesia

2.	Creator	Author's name, affiliation, country	Ronald Fadly Sopamena; Faculty of Law Pattimura University, Ambon; Indonesia

3.	Subject	Discipline(s)

3.	Subject	Keyword(s)	Profit Sharing Agreement; Ngase System; Default

4.	Description	Abstract	In Eti Village, which is located in West Seram District, West Seram Regency, an agreement for marine and plantation products sharing is still being carried out between the Petuanan Region and the Eti Village Government as the parent country. The petuanan area or territory is a village or hamlet that is in the territory of the customary village. The agreement for the sharing of marine products and plantations between the Petuanan area and the State Government of Eti Village was agreed to share the profits of marine products and plantations by 40% which would belong to the Eti State Government and 60% to belong to the Petuanan area. This agreement for marine products and plantations is made based on the ngase system. The Ngase system is a form of cooperation between land owners and workers which is carried out at harvest time. However, in practice, this agreement for marine and plantation products does not go according to what has been agreed. The parent country does not get the pre-agreed profit sharing. Petuanan countries do not carry out their obligations to the detriment of the parent country. This study aims to determine the consequences of default in this profit-sharing agreement as well as to examine the settlement of disputes between the Eti Government and the Petuanan area. The type of research used is sociolegal research, which is a combination research method between doctrinal law research methods and empirical legal research methods. The accountability carried out by the petuanan area is the fulfillment of achievements. Settlement of disputes between the petuanan area and the government of Negeri Eti is through non-litigation and litigation channels.

5.	Publisher	Organizing agency, location	Faculty of Law, Universitas Pattimura

6.	Contributor	Sponsor(s)

7.	Date	(YYYY-MM-DD)	2021-11-27

8.	Type	Status & genre	Peer-reviewed Article

8.	Type	Type

9.	Format	File format	PDF

10.	Identifier	Uniform Resource Identifier	https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/685

10.	Identifier	Digital Object Identifier	10.47268/sasi.v27i4.685

11.	Source	Title; vol., no. (year)	SASI; Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021

12.	Language	English=en	en

13.	Relation	Supp. Files

14.	Coverage	Geo-spatial location, chronological period, research sample (gender, age, etc.)

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