Tinjauan yuridis wanprestasi utang piutang antara nelayan lenggana jaya bersatu dengan pengepul di kota Sampit

Wahyudi, Imam and Sadiani, Sadiani and Angraeni, Novita (2022) Tinjauan yuridis wanprestasi utang piutang antara nelayan lenggana jaya bersatu dengan pengepul di kota Sampit. Jurnal Ilmu Syariah dan Hukum (JISYAKU), 1 (1). pp. 84-99. ISSN 2830-6805

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Abstract

This research was motivated by collectors who experienced defaults on debt receivables to fishermen due to the bad faith of collectors who neglected to fulfill their obligations, so that fishermen felt disadvantaged due to defaults from collectors. This research is focused on: 1). How is the background, implementation, default on debt receivables of members of the Lenggana Jaya Fishermen Group United with collectors in Sampit City; 2). How is the solution to the settlement of defaults between members of the Lenggana Jaya Bersatu Fishermen Group and collectors in Sampit City. The research method used is empirical juridical. Research data were collected through observations and interviews. The subjects of this study were four Fishermen of Lenggana Jaya Bersatu and one collector. The research approach used is descriptive constructive. The results of this study: 1). What is the background, implementation, default on debt receivables of members of the Lenggana Jaya Bersatu Fishermen Group with collectors in Sampit City; 2). How is the solution to the settlement of defaults between members of the Lenggana Jaya Bersatu Fishermen Group and collectors in Sampit City. The research method used is empirical juridical. The research approach used is descriptive constructive. The results of this study find is The background of the receivables debt motive is due to: limited capital of collectors, minimizing losses on selling fish, and the absence of other collector options. The implementation of receivables debt is inconsistent with reality because the collector defaults. The defaults committed by the collector are in the form of: not fulfilling achievements and being late in fulfilling achievements; and then solutions to settlement of defaults through preventive and repressive efforts. Preventive efforts are made to prevent the recurrence of default through an assessment of the disposition and personality of the collector, ability, and capital, while repressive efforts are an effort to recover fishermen's losses due to default in the form of: demands for fulfillment of achievements and / or cancellation of agreements accompanied by compensation. Then the urgency of forming a fishermen's cooperative is a joint task, especially for the Sampit Fisheries Service in providing education on the benefits of cooperatives in improving the level of fishermen's welfare.

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