%A NIM. 19203010035 WIWIN ANDINI, S.H.
%O PROF. DR. H. SYAMSUL ANWAR, M. A.
%T TINJAUAN HUKUM ISLAM TERHADAP
PRAKTIK PENGGARAPAN TANAH DENGAN SISTEM MOPONG
DI KECAMATAN JAWAI KABUPATEN SAMBAS
%X The term mopong means opening, which means a cooperative activity
between land owners and cultivators in the form of land management without any
remuneration. The period of time is determined by the land owner. In utilizing the
soil with a mopong system, the cultivators spray, burn, and hoe. However, in land
management by burning land, it is no longer allowed. Thus many cultivators
terminate the agreement before the time of the agreement before the time of the
agreement expires. The process of cultivating the land with the mopong system,
the cultivator manages the land in stages. For exampel, in one hectare, half a
hectare is done first. After the land is clean before the end of the agreement the
land owner takes the land.
The study uses an empirical juridical approach. The causes of land
cultivation with the mopong system in terms of Islamic law and positive law. This
study uses the theory of urf according to Musthafa Dib al-Bugha and also the
theory of the rule of law according to Friedrich Julius Stahl.
The results of this study indicate that the cultivation of land with the
mopong system that applies in the Sarang Burung Danau village in the perspective
of Islamic law, the activity of cultivating the land with the mopong system does
not contain elements that are contrary to Islamic law. Cultivation of land with the
mopong system is implemented based on the agreement ada permission of the
land owner. So that it can be embedded in mutual respect, mutual trust, mutual
willingness between land owners and cultivators and help each other without
anyone feeling disadvantaged. Cultivation of land with the mopong system is
included in urf sahih. Based on positive law, the activity of cultivating land with
the mopong system is a valid agreement because it has fulfilled the subjective and
objective requirements and created an achievement that is not prohibited by law.
%K Land cultivation, Mopong, Urf Sahih
%D 2021
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib46704