ANALISIS FIKIH MUAMALAH PADA HUBUNGAN KEMITRAAN INTI PLASMA PERKEBUNAN KELAPA SAWIT DI DESA SUNGAI TAPAH KECAMATAN BELITANG HULU

DEWI ARIANTI, S.H., NIM. 19203010037 (2021) ANALISIS FIKIH MUAMALAH PADA HUBUNGAN KEMITRAAN INTI PLASMA PERKEBUNAN KELAPA SAWIT DI DESA SUNGAI TAPAH KECAMATAN BELITANG HULU. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study discusses the inti plasma partnership relationship practiced by oil palm farmers in Sungai Tapah Village and PT. Kalimantan Bina Permai. In practice, the parties ignore their obligations to the other party. However, the parties have reasons for what they did. Based on this, the focus of the problem raised in this study is why the parties ignore their obligations to other parties and how the fiqh muamalah analysis of the actions of parties who ignore their obligations to other parties in the inti plasma oil palm plantation partnership relationship in Sungai Tapah Village, Belitang Hulu District. This research is a field research with a sociology of law approach, using the theory of legal compliance belonging to Satjipto Rahardjo and Achmad Ali, which is supported by the theory of al-Qawaid al-Fiqhiyyah about emergencies (dᾱ rurat). Meanwhile, the data used in this study is empirical data. In collecting data, the methods used are: interviews, observation, and documentation As a result of the findings during the research, the researchers found that the reason the plasma farmers ignore their obligations to partners is due to the damage to the plantation road to the CPO mill and the long distance. So that when they arrived at the CPO factory, the crops had rotted and caused the crops to be returned to the farmers. Then, the reason the company ignores its obligations is the lack of tools to repair roads and the large plantation area causing many locations to be repaired, as well as the distance of Sungai Tapah Village from the main road so that the company finds it difficult to reach the location. In this inti plasma partnership, the parties do not carry out their obligations as the initial agreement was contrary to the principles in sharia contract law. However, based on the rules of fiqh, something that is not allowed becomes permissible in an emergency. This is because, if plasma farmers sell their harvests to the company, plasma farmers cannot fulfill their daily needs, because they have to bear losses due to returning rotten crops without getting money from their harvests. For this reason, plasma farmers take the initiative to sell their harvests to middlemen or other companies that are closer. This is allowed in Islamic law, as is the rule of fiqh adh-dhararu yuzal.

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