Utilization of Agricultural Land During the Planting Break in Jorong Mandahiling Nagari Pagaruyung

Abstract

The study aims to explain the pattern and legal perspective of the practice of agricultural land use cooperation during the planting break in Jorong Mandahiling, Tanah Datar Regency, West Sumatra Province. This research uses a case study method which is analyzed qualitatively. The research subjects consisted of 21 land owners and 21 land cultivators. The results showed that there are three patterns of land use cooperation during the planting break in Jorong Mandahiling. Based on three patterns of cooperation, there are three types of contracts that apply from the point of view of sharia economic law, namely: first, leasing on land (kira al-ardh). Second, profit sharing system (mudharabah); and third, combination of profit sharing system and joint venture (mudharabah musytarakah) with a profit sharing system which does not fulfill the principle of fairness in transactions. Viewed from the perspective of sharia economic law and existing legal-formal, the practice of profit sharing in land use cooperation during the planting break is not fully in accordance with existing provisions, especially in the principle of fairness in transactions, because, two of the three contracts that are practiced are more profitable for land owners and unfair for culvtivators.