PERALIHAN HAK ATAS TANAH PERTANIAN KE INDUSTRI DI KABUPATEN KARAWANG (PERSPEKTIF HUKUM AGRARIA DAN FIKIH AGRARIA)

Agus Gunawan, NIM.: 19103060046 (2023) PERALIHAN HAK ATAS TANAH PERTANIAN KE INDUSTRI DI KABUPATEN KARAWANG (PERSPEKTIF HUKUM AGRARIA DAN FIKIH AGRARIA). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Transfer of land rights is the change of rights to certain land to other rights, such as the right to buy and sell agricultural land to industry. This is due to competition in the use of agricultural land with the industrial estate sector that occurs due to social, economic, development and population growth phenomena. Likewise in the Karawang area with a lot of industrial development carried out by the government. However, the problem is the incompatibility between applicable regulations and the reality that occurs in the community, this results in many people losing their agricultural land and livelihoods. The purpose of this study is to see how the rules governing the transfer of agricultural land rights (rice fields) to industry because they are traded for public interest. The research method used in this thesis is Normative – Empirical research (Applied Law Research) using normative case studies in the form of legal behavior products, namely reviewing laws through a Sociological Law research approach or can also be called field research, to examine applicable legal provisions and what happens in reality in society. The problem transfer of land right agricultural will be analyzed with two theories, namely the theory of Agrarian Law and the theory of Agrarian Jurisprudence The results of research on these problems transfer of land rights and agricultural land to industrial estates in Karawang Regency in the concept of agrarian jurisprudence certainly cannot be separated from the rules of Ushul Fiqh which states the relationship between the government and the community is that the government has a relationship and obligation to pay attention to benefits in managing the affairs of its people. Turning on dead land for the public good is permissible because of Abandoning his land can make madharat. In the Agrarian Law, it is stipulated regarding the transfer of land functions, "all land rights have a social function" but based on the agreement of both parties and must not violate the Conditions. The transfer of land rights in agrarian law and agrarian jurisprudence both agree that when transferred to the public interest, they must look at expediency and reject losses

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