ALTERNATIF PENYELESAIAN SENGKETA HAK SEWA TOKO DI PASAR KOTA PAYAKUMBUH MELALUI MEDIASI DAN NEGOSIASI DI LUAR PENGADILAN

Abstract

The dispute resolution in tenant rights Payakumbuh store facilities carried through mediation and negotiation efforts with lease store holders , these efforts guided by the Law No. 30 Year 1999 Article 1 point 10 of Arbitration and Alternative Dispute Resolution (APS) that: "alternative dispute resolution is dispute resolution institutions or dissenting of opinion through the procedure agreed by the parties that the settlement out of court by way of consultation, negotiation, mediation, conciliation or expert judgment ". Besides, it is also guided by the Regional Regulation No. 10 Year 2010 Payakumbuh Municipality which states clearly that the dispute conflict of store facilities held by the Market Management Field. In 2010, there were 10 (ten) cases and in 2011 is 1 (one) leasehold disputes on Payakumbuh store facilities attempted settlement through mediation.The problems discussed in this study are: first, how to form the right lease agreement between leaseholders of  Payakumbuh store facilities? Secondly, what causes disputes between the Government leases Payakumbuh store facilities with leaseholders through mediation or negotiation can resolve disputes store leases.This study uses empirical legal research with is a descriptive analysis. The data source consists of primary data and secondary data. The primary data obtained by observation and interview. Secondary data were obtained by reviewing the various documents on rights disputes lease rental store. Data was collected through library research, interviews, observation. While the data analysis is done through editing, clasiffiying and analyliting of data. The result of this research are: first, that the market shopping area Payakumbuh is an asset because it was built by the Government of  Payakumbuh. In the other hand, leaseholders thereon as those who using the assets that are tied to the engagement of leaseholder agreement. These two very different perception between tenants or leaseholders with the government of Payakumbuh , according to their  version of the store leaseholders has belonged to them based on their payment to the Government of Payakumbuh. Third, the process of dispute resolution through quickly and lowerdown the cost of maintaining a good relationship each of them, to avoid problems at a later date in order to make the City of Local Regulation on setting the lease rights to the use of financial penalties, and the city government formed a team Payakumbuh rental dispute resolution rights advocate whose elements consist of: Legal Department, Store Management, Department of Revenue Finance and Asset Management, and Satpol PP and other related elements. Keyword          :           Store Facilities, Alternative Dispute Resolution, Negotiation, Mediation, Market Management Field, Rental Dispute Resolution