| Summary: | Sende agreement still exists in Girikerto Village, Turi Subdistrict, Sleman
Regency. This research aims at identifying the implementation of Sende
agreement. In addition, it also aims at identifying the resolution if the land owner
cannot redeem his land on time in Girikerto Village, Turi Subdistrict, Sleman
Regency.
This research applies juridical-empirical approach. The prioritized data
were data obtained from the field through interview with 12 (twelve) respondents
and 5 (five) resource person to identify the implementation of sende agreement.
Sampling in this research employs the method of purposive sampling or
judgemental sampling. In addition to primary data, this research were supported
with secondary data through library study. The data were then systematically
organized and analyzed qualitatively.
The research result indicates that the implementation of sende agreement
between the land owner and penyende (one who buy the land having the
responsibility to re-sell the land) is conducted in accordance with the Customary
Law. Sende agreement is conducted orally. In relation with the term, it
encompasses a redemption-determined term and redemption-undetermined term.
The termination of the agreement is as a result of the redemption and depends on
the required period of time to redeem. In accordance with the Article 7 Act
Number 56 PRP of 1960, if it exceeds 7 years, the land has to be returned to the
land owner without rights of demanding compensation. However, it is not well
implemented in the society. If the land owner is not able to redeem according to
the ageed period, it is solved through discussion between related parties or by
involving Kepala Dusun. Based on the discussion result, the decision is
transferring sende or selling the land if the land owner needs money. In terms of
the sold land, one who has rights to sell is the land owner. However, if the
solution is transferring the mortgage, it should obtain the permission of the land
owner.
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