Profit Sharing Agreement Between Eti Country and Petuanan Area In the context of Capacity Building

In Eti Village, which is located in the West Seram sub-district, West Seram Regency, there is still an agreement for marine and plantation products sharing between the Petuanan Region and the State Government of Eti Village as the parent country in the context of capacity building. This Profit-Sharing Agreement is known as the ngase system and has been implemented from 1979 to 2021. This study aims to identify and analyze the profit-sharing agreement from the Petuanan Area to the Parent State in the context of capacity building, and also the legal consequences of the revenue sharing agreement from the Petuanan Area to the Parent State in the context of capacity building. In accordance with the problems and objectives of this research, the type of research used is sociolegal research, namely a combination research method between doctrinal law research methods and empirical legal research methods. Based on the author's study, the ngase system is a profit-sharing agreement in oral form which is applied in the Eti Country and applies as an agreement so that it has binding legal consequences.


INTRODUCTION
The importance of the meaning of land, water, sea for human life is because human life cannot be separated at all.
They live on land and obtain food by utilizing the land, sea and so on. They take advantage of natural resources on the land to meet their main life demands, namely clothing, food, and shelter or primary life. However, if the land is not managed or used properly by the community, the rights will be lost. For this reason, the community needs to pay attention to and manage the land that belongs to them so that the rights to the land are not lost. Management rights can be carried out after there is an agreement in the deliberation between the management rights holder and the managing party (Santoso, 2013: 200).
In Eti Village, which is located in West Seram District, West Seram Regency, an agreement for marine and plantation products sharing is still being carried out between the Petuanan Region and the State Government of Eti Village as the parent country in the context of capacity building. The petuanan area or territory is a village or hamlet that is in the subordinate area of a traditional village. performance properly, causing losses to other parties. Based on the description that has been explained previously, the writer raised the formulation of the problem "What is the profit-sharing agreement between the Eti Country and the Petuanan area in the context of capacity building?
The Introduction part should contain at least five previous research concerning to the topic. At this part, author should emphasize the urgency of the research, as well as the significant of the research. Authors also have to explore and combine some previous researches. It is important for reader to know the uniqueness, novelty, urgency, and significance of research. Most of reader is nonnative English speaking, therefore, Author should use a formal simple language, as well as, for international reader, author also have to add and improve some global perspectives.

METHOD
In accordance with the problems and objectives of this research, the type of research used is sociolegal research, which is a combination research method between doctrinal law research methods and empirical legal research methods.
Doctrinal research is intended to carry out library research by identifying laws and regulations and collecting other data related to the problem under study. The empirical research is intended to identify the legal consequences of the profit-sharing agreement between the Petuanan Region and the Parent Country in the context of capacity building.

A. Profit Sharing Agreement between Eti Country and Petuanan Region for Capacity Building
There are several factors that caused this production sharing agreement to be made, including the Eti Country has a lot of crops and sea crops but cannot manage the results themselves, the desire to enjoy the harvest without taking it themselves, and providing opportunities for other people to take it and solely only wants to help the government of Eti Country to realize capacity building.
In general, capacity building is a process or activity to improve the ability of a person, group, organization or system to achieve better goals or performance. It is the process of helping individuals or groups to identify and find problems and add insight, knowledge and experience needed to solve problems and make changes. Profit sharing is a means of helping fellow human beings in fulfilling their life needs. The party who owns the land gives up his land to the farmer or cultivator to be cultivated as a productive land, so that the land owner can enjoy the results of his land, and farmers who previously did not have land to cultivate crops can also try and get the same results from the land (Syah, 2020).

According to Acting Official Raja Negeri Eti, Herry
Tuhuteru explained through the results of the interview, he said that the purpose of Capacity building in Eti Country is to increase the capacity of the Eti Country community, namely increasing the ability of the Eti Country community in the fields of education, agriculture, fisheries, and the economy with the aim of developing the country. Eti itself.
In addition to improving the quality of Eti's human resources, there are developments created in Eti Village. For this reason, in 1974 this profit-sharing agreement was made orally without using any documents. This kind of agreement is known by the indigenous people of Negeri Eti as the ngase system.
The Ngase system is a form of cooperation between landowners and workers which is carried out at harvest time. The distribution of the results referred to as objects of the Ngase System is like annual crops such as cloves, nutmeg, besides that the Ngase system also includes fishery products such as fish cages. In this ngase system, petuanan areas provide land to be cultivated or managed by the Eti State government. The results from the harvest in the fisheries and plantation sectors are divided between the This ngase system agreement begins when the owner surrenders his land to the tenant and makes an agreement on the owner's land, which is a sign that they have made the agreement. After the harvest of the results carried out by the workers is complete, then it does not mean that the agreement has been declared terminated, but the profit sharing is still carried out between the owner and the cultivator, the agreement of the ngase system is declared to have ended which has been carried out by both parties.

Between Eti Country and Petuanan Areas in the Context of Capacity Building
If viewed from the point of view of positive law, the profit-sharing agreement has been regulated in Law Number 2 of 1960 concerning Profit Sharing Agreements.
However, the agreement with the ngase system cannot be linked to the Production Sharing Agreement Law because the law only regulates production sharing agreements in the agricultural sector, while the ngase system implemented in Negeri Ety does not only focus on the agricultural sector but also in the fishery sector. Not only that, but Article also 3 Paragraph (1)  What is meant by an agreement is a statement of will between one or more people and another party. What is appropriate is a statement because the will cannot be seen / known to others. Agree which is one of the most important conditions that can be marked by an offer and acceptance in writing, verbally, secretly, and certain symbols (Y. Hetharie, n.d.). Default is a condition in which a debtor does not fulfill his obligations or is late in fulfilling them or fulfilling them but not as agreed. A debtor who defaults can be sued before a judge and the judge will make a decision that is detrimental to the debtor itself (Benyamin & Thabrani, 1987 carry them out but not properly and/or not as well as possible (Prodjodikoro, 2012). If the debtor (debtor) does not do what he promised, then he is said to have committed a "default". He is negligent or "negligent" or broken promises.

Law Research Review
Or also he violates the agreement, if he does or does something that he is not allowed to do. The word wanprestasi comes from the Dutch language, which means bad performance. One of the parties in this ngase system can be considered to be in default if that party is negligent in carrying out its obligations. 5) The debtor is obliged to pay court fees if he is brought before the District Court, and the debtor is found guilty.

CONCLUSION
The profit-sharing agreement between the Main Country and the Petuanan Region in West Seram Regency has long been carried out for the sake of increasing the capacity of the community in the area. The agreement, known as the ngase system, is made orally by the parties and has legal force as an agreement. Failure to implement this agreement will cause harm to the other party and may lead to a claim for compensation based on default.