TINJAUAN NORMATIF DAN YURIDIS TERHADAP PRAKTIK BAGI HASIL DALAM PENGELOLAAN LAHAN SAWAH DI KECAMATAN BUKIT MALINTANG KABUPATEN MANDAILING NATAL

Honi Walidah B Lubis, NIM.: 19103080005 (2023) TINJAUAN NORMATIF DAN YURIDIS TERHADAP PRAKTIK BAGI HASIL DALAM PENGELOLAAN LAHAN SAWAH DI KECAMATAN BUKIT MALINTANG KABUPATEN MANDAILING NATAL. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Agricultural profit sharing is the division of the results of agricultural businesses according to the agreement at the time of the contract. The community in Bukit Malintang Subdistrict uses profit-sharing cooperation with a mukhābarah contract, namely cooperation for profit sharing between the landowner and the tenant farmer, and the tenant farmer bears all costs. The implementation of profit-sharing practices in rice field management in Bukit Malintang Subdistrict still uses local customs. The practice of profit sharing in paddy field management by the community in Bukit Malintang Sub-district uses the system of "bagi tolu" and "bagi opat". The implementation of the profit-sharing agreement is only verbal on the basis, that there are no witnesses, and the time set is unclear. The implementation of the profit-sharing agreement is only oral based on trust, and there are no witnesses. The time specified is not clear. Profit sharing using 2 types of profit sharing, namely 1) the "bagi tolu" system or 1/3 (one third), 1/3 to the landowner and 2/3 to the tenant farmer and 2) the "bagi opat" system or 1/4 (one quarter), 1/4 to the landowner and 3/4 to the tenant farmer. All cultivation costs are borne by the tenant farmer, while the owner only provides the land. Production sharing with the "bagi tolu" and "bagi opat" system uses 2 types of profit sharing, namely the first system 1/3 to the landowner and 2/3 to the tenant farmer and the second system 1/4 to the landowner and 3/4 to the tenant farmer. All cultivation costs are borne by the tenant farmer, while the owner only provides the land. The results showed that in terms of Islamic law, the practice of profit sharing in the management of paddy fields carried out by the community in Bukit Malintang District is valid by the pillars and conditions of the mukhābarah contract. In principle, in the "bagi tolu" system, there are 3 (three) of the practices of default (breaking promises). The implementation of profit sharing in Bukit Malintang Subdistrict is included in the 'urf khas, which is a custom that applies in certain areas of the community. This is because the custom of profit sharing does not necessarily apply in other regions. The 'urf khāṣ tradition is "bagi tolu", but conditionally the party who cultivates is his brother, then the landowner is willing to divide "bagi opat". In terms of Law No. 2 of 1960 concerning Production Sharing Agreements, the practice of production sharing carried out by the people of Bukit Malintang Subdistrict is not in accordance, this can be seen from the fact that the production sharing agreement does not fulfill the provisions in Law No. 2 of 1960. Many landowners and tenant farmers do not know and understand the provisions contained in Law Number 2 of 1960 concerning Production Sharing Agreements.

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