%A NIM.: 24203011054 Giyan Sumantri
%O Dr. Zusiana Elly Triantini, S.H.I., M.SI.
%T RELASI PETANI TEMBAKAU DAN PEMODAL DALAM KONTRAK FARMING DI KABUPATEN JEMBER: ANALISIS TEORI KEADILAN DAN MAQASID AL-SYARIAH
%X This research is motivated by the strategic position of tobacco in the economy of Jember Regency, particularly as a source of income for farming households. However, in the practice of contract farming, inequality in the relationship between farmers and capital providers is still evident. Contract farming provides benefits in the form of access to capital, seeds, fertilizers, technical assistance, and market certainty, but at the same time, companies or capital providers hold a dominant position in determining prices, grading, information, and the timing of crop delivery. Interviews revealed that some farmers engage in direct partnerships with companies, while others do so through farmer groups or tobacco warehouse owners. Contracts are generally established at the beginning of the planting season and tend to be standardized, resulting in relatively limited opportunities for farmers to negotiate prices and contractual provisions.
This research employs a qualitative method using socio-legal, normative, and Maqāṣid al-Sharī‘ah approaches. Primary data were obtained through interviews with tobacco farmers, capital providers/companies, farmer groups, village authorities, agricultural extension officers, and the Jember Regency Agriculture Office, while secondary data were obtained from legislation, contract documents, literature, and previous studies. The analysis applies Amartya Sen’s theory of justice through the capability approach to examine farmers’ freedom to determine prices, access information, negotiate, improve their welfare, and choose business partners. Furthermore, Jasser Auda’s thought is employed to evaluate the practice through the indicators of ḥifẓ al-māl, ḥifẓ al-nafs, and ḥifẓ al-‘irḍ.
The findings show that the structure of contract farming in Jember Regency provides economic benefits and market certainty, but simultaneously reveals inequality in contractual relations. From Amartya Sen’s perspective, injustice is manifested in farmers’ limited capabilities due to their weak bargaining position, limited access to information, the dominance of capital providers in determining prices and grading, and farmers’ dependence on capital and market access. From Jasser Auda’s perspective, the practice has not fully achieved the objectives of Maqāṣid al-Sharī‘ah, as problems remain concerning the protection of farmers’ property, welfare, and dignity. Therefore, this research proposes Capability Justice and Maqāṣid Justice as conceptual foundations for establishing a contract farming relationship that is not only formally valid but also capable of expanding farmers’ freedom, protecting their economic rights, strengthening their bargaining position, and realizing sustainable maslahah.
%K Contract Farming, Petani Tembakau, Relasi Pemodal, Keadilan Amartya Sen, Maqasid al-Syariah, Jasser Auda
%D 2026
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib79031