PERJANJIAN BAGI HASIL PENGGARAPAN LAHAN PERKEBUNAN DITINJAU DARI HUKUM POSITIF DAN HUKUM ISLAM

Abstract

The Indonesia plantation law does not regulate in detail about the plantation profit sharing system, so the legal certainty is questionable. In addition, the agreement in principle of Islam (musaqah) needs to be implemented considering that most of the people involved in this activity are Muslim. Furthermore, people are usually making agreements only based on trust and agreement without a written agreement and there is no deadline for the expiration of the agreement so that often occurring a controversy. The type of this research is a normative juridical research, using the statute approach method and other related regulations. The analytical method used in this research is descriptive analysis method. The results showed that the plantation profit sharing system in Indonesia did not have legal certainty. The agreement on trust and agreement without a written agreement is allowed based on positive and Islamic law. The absence of the date line of agreement base on positive law is allowed because there are no regulations that regulate it, but in Islamic law is not allowed because it is gharar.