Fairness in the distribution of land ownership in Indonesia based on Islamic law perspective

Abstract

The imbalance of land ownership and tenure, which results in several land cases, becomes the main problem in agrarian sector in Indonesia that needs quick handling. Although the government has issued some policies related to the agrarian sector, such cases have not been completely solved. The main cause of the imbalance of land ownership is not merely about substance or policy related to land, but also the fundamental concept, philosophy, and orientation of the policy. Regarding this matter, this article explains Islamic point of view about fairness in distribution of land ownership as an alternative solution. Methodologically, this research is normative juridical research which is not only descriptive, but also prescriptive with doctrinal approach. According to a research conducted, every policy related to land issued by the government should be based on the principles of public interest or social justice as well as security of life and property, which become part of the concept of maqashid al-syarî’ah. Thus, the government must play an active role in the mechanism for the distribution and revocation of property rights over the land. Additionally, to make a fair and equitable the distribution of land, the government is required to provide supports, such as intensification and extensification so that all people are able to receive, manage, and use land ownership rights.

Evaluation of the Implementation of Corporate Social Responsibility (CSR) Policies in Dumai City, Riau Province, Indonesia

“…Then, the accuracy aspect is related to Regional Regulation Number 1 of 2018 concerning the Management of Corporate Social Responsibility, which was initially believed to underlie the aim of CSR activities, namely, to improve the welfare of the people of Dumai City. Still, accuracy needs to be improved in practice, which requires better cooperation between the company, government, and society so that the appropriate distribution of CSR funds does not discriminate and polarize people who need it and can minimize various negative impacts specifically related to the community's living environment (Zainal & Zeriand, 2022;Komaruddin, 2020). Therefore, the findings of this study are consistent with the results of Sheehy & Farneti (2021), who explain that company CSR policies in a country and region must be evaluated optimally so that unclear rules regarding policies can be systematically corrected and capable of achieving the critical expected goals in the public sector.…”

Harmonization of customary and Islamic law in the gama tradition of the muslim Mongondow community of North Sulawesi

“…Third, it emphasizes togetherness, in which the legal relationship between members of the customary community occurs based on a sense of kinship, mutual assistance, and brotherly bonds, as shown in the Pinomama'an procession Even though customary law is unwritten, the existence of gama traditions is adhered to in community groups. According to Komaruddin (2020), the community still adheres to customary law as a guideline and a way of life. Obedience or adherence to these laws is based on a shared awareness of a power that regulates and binds the community because of its value, which benefits people's lives (Trinkner, Jackson, and Tyler, 2018).…”

Re-Islamization of Land Law in Global Context: An Approach to Fight Ecological Scarcity

“…51 Moreover, the distribution of the land and land regulation should promote the concept of maqasid al-syari'ah or maqasid al-tasyri'. Land law construction means an effort to attract benefit (jalb al-amshalih) and avoid damage (daf'ul mafasid), 52 mostly depart from the fairness distribution, solidarity (takaf al-ijtima'), and managing by the mutual interest (haqq Allah wa haqq al-adamiy). 53 Legislators and legal enforcement actors must consider with the implementation of land law do not expense other common interest and must comply the principle of al-maslahah al-ammah.…”