Praktek perjanjian penanaman salak pondoh di kawasan wisata agro Kabupaten Sleman Propinsi DIY

ABSTRACT This research is a normative legal research which aims to investigate the implementation of an agreement on salak pondoh cultivation and the legal protection for planters in the agro-tourism area of Sleman Regency. Primary data were obtained from field research using interview guidelines. Secondary data were obtained from library research through a documentary study. The research was conducted in the agro-tourism area of Sleman Regency in the Special Region of Yogyakarta. Research samples consisted of four private landowners and the village administration as the owner of community land purposively chosen and nine randomly chosen planters as well as resources persons. The result of the research are as follows: 1. Contractual agreements on salak pondoh cultivation in the agro-tourism area can be categorized into two types: a. A contractual agreements between the village administration and the community. This type is made in the form of a lease system during cultivation/farming management and endowment or grant at the termination of the agreement. b. A contractual agreements between private landowners and planters, either as individuals or groups. This type is made in the form of a loan system during cultivation/farming management and endowment mentioned above are similar to BOT (Build, Operate, and Transfer) agreement in terms of the stages in the agreement and its legal construction although they are not identical. A contractual agreements made by the village administration is similar to a BOT agreement with payment of a fee whereas a contractual agreement made by private landowners is similar to a BOT agreement without payment of a fee. The difference lies in the object of a contractual agreement and the lessee. The object of a BOT agreement is a physical one (a building) whereas the object of a contractual agreement on salak pondoh cultivation is a crop. The lessee in a BOT agreement is usually an investor with a big capital whereas the lessee in a contractual agreement on salak pondoh cultivation is a tenant farmer with a small capital. 2. Legal protection for planters in a contractual agreement on salak pondoh cultivation is still weak. In the agreement made by the village administration, there is no balance between the rights and obligations of both parties in the format of the agreement. In the agreement made by individuals, the agreement is unwritten and there are no specific regulations that provide for the period of cultivation/farming management, which puts the planters in a disadvantageous position