PELAKSANAAN PRINSIP KESEIMBANGAN DALAM PERJANJIAN SEWA KIOS DI PASAR RAYA PADANG ANTARA PEDAGANG DENGAN DINAS PERDAGANGAN

Abstract

ABSTRACT The market is an area where people can carry out economic transactions. At Pasar Raya Padang City which is managed directly by the government, in this case it is under the authority of the Padang City Trade Service. Management must be with the main aim of the welfare of the community. Regarding business premises in the form of kiosks located at Pasar Raya Padang City, every trader must obtain permission from the Padang City Trade Office to obtain rental rights, namely by signing a rental agreement. The management of the Padang City Central Market is regulated in Padang Mayor Regulation Number 53 of 2016 concerning Procedures for Using Regionally Owned Shops in Padang City Traditional Markets. There are clauses that must be obeyed by both parties without anyone feeling burdened. In conducting the research, the author formulated the problem, namely: 1) How is the principle of balance implemented in the kiosk rental agreement at Pasar Raya Padang? 2) What obstacles are encountered in implementing the kiosk rental agreement at Pasar Raya Padang 3) What efforts are made to resolve the problems that arise in implementing the kiosk rental agreement at Pasar Raya Padang. To answer this problem the author uses empirical juridical research methods. The results of the research and discussion are: 1) The principle of balance in an agreement is not absolutely determined by the position of the parties, but there are also other aspects to know whether an agreement can be said to be balanced, namely by the absence of one party dominating the other party and the harmonization of the contents of the agreement and see whether there is justice for the parties 2) There is a solution to the problems encountered at Pasar Raya Padang City 3) Traders are responsible for the stall they occupy, one of which is not abandoning/re-renting the stall to a third party except with the knowledge of the first party. The obstacle faced by the Trade Department is a lack of understanding regarding rental rights by traders, which causes problems such as physical changes to the shape of the kiosk and delays in paying rent. Basically, the problems arise due to a lack of regular supervision and control from the Trade Service at the Padang City Central Market, resulting in violations occurring.