Kepemilikan Tanah dalam Konsep Hukum Positif Indoensia, Hukum Adat dan Hukum Islam

Malaka, Zuman

doi:10.15642/alqanun.2018.21.1.103-127

Cited by 7 publications

(8 citation statements)

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“…The multidimensional meaning of land for the community, according to (Nugroho, 2002;Malaka, 2018), is as follows: a) From an economic point of view, the land is a means of production that can bring prosperity; b) Politically land can determine a person's position in community decision-making; c) As a culture that can determine the high and low social status of the owner; d) Land is sacred because it deals with inheritance and transcendental issues.…”

Section: Land Use By Indigenous Peoplesmentioning

confidence: 99%

How do the Customary Forest and Protected Forest Management Principles affect Ambon City Protected Forest Management between the Government and Indigenous Peoples? (Case in the Mount Sirimau Protection Forest Group, Ambon City, Maluku Province)

Parera¹,

Purwanto²,

Permadi³

et al. 2022

jtfm

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Protection forests are state forests that are authorized by the government to be managed, but on the other hand, indigenous peoples already exist and manage forests that are claimed as customary forest. How is the management of protection forests between the government and indigenous peoples? The purpose of this study is to examine the management of protection forests between the government and indigenous peoples and the collaboration in the management of protection forests between the two. The results showed that the management of protection forests by the government was not optimal at the site level based on the principles of protection forest management that had only been done with boundaries: only area boundaries, not blocks and plots, forest protection such as area patrols, installation of prohibition boards and appeals) and land rehabilitation (planting with woody plant species and multi-purpose trees. Protected forest management by indigenous peoples has touched the site level on several aspects of protected forest management principles. Protected management activities by indigenous peoples following the principles of protected forest management are the cultivation of fruit plants, land use with dusung/traditional agroforestry cropping patterns, forest protection is prohibited from cutting trees at water sources, along riverbanks, replanting if cutting fruit trees that are not productive, utilizing non-timber forest products. The government as the planner but implementing it in the field is the indigenous people who are accompanied by the government and joint monitoring and evaluation. Protected forest management based on the principle of protected forest management is more optimally carried out in a collaborative and complementary manner between the government and indigenous peoples.

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Section: Land Use By Indigenous Peoplesmentioning

confidence: 99%

How do the Customary Forest and Protected Forest Management Principles affect Ambon City Protected Forest Management between the Government and Indigenous Peoples? (Case in the Mount Sirimau Protection Forest Group, Ambon City, Maluku Province)

Parera¹,

Purwanto²,

Permadi³

et al. 2022

jtfm

View full text Add to dashboard Cite

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“…Whereas Islam gives individuals the right to own property on the condition that it is obtained legally, it is not absolutely free like a liberal-capitalistic economy. As stated by Malaka (2018) that ownership of property has syar'i causes that have been determined by Allah which the individual must not exceed the limits of these causes so that the cause of property ownership has been limited to what has been explained by the shari'a.…”

Section: Policy Recommendation From An Islamic Perspectivementioning

confidence: 99%

“…Furthermore, Islam has regulations regarding agricultural land productivity, so no one is allowed to buy agricultural land and plantations just for investment without being managed. To optimize the use of agricultural land, Islam has rules that allow the state to take over agricultural land from people who have abandoned it for three consecutive years and give it to people who can manage it, which is called ihya al-mawat or revival of inactive land (Malaka, 2018). This is a solution to the current causes of land conflicts where small people do not own land or are small in scale and do not have access to land.…”

Section: Policy Recommendation From An Islamic Perspectivementioning

confidence: 99%

Conflict Management Policy on Oil Palm Plantations in Riau Province: Islamic Review

Ismi

Kusumawaty

2022

jkpis

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Riau Province has a large area of oil palm plantations. Of the land area of 2.32 million hectares, 1.53 million hectares are oil palm plantations owned by the community. In 2019, there were 51 cases of natural resource conflicts in Riau Province, of which the plantation sector was the most with 40 cases (78.40 percent). This study applied a qualitative descriptive method to understand the phenomenon of plantation land conflict that aimed to: (1) identify the factors that cause conflicts in oil palm plantations in Riau Province; (2) identify current policies related to the handling of plantation conflicts and (3) recommend policy suggestions that better protect the interests of the community from an Islamic perspective. This study concluded as follow: (1) the causes of land conflicts identified are non-legal factor which is related to the management of land use and access, and legal factor which is related to judicial and regulation overlap; (2) Regarding the current policies related to plantation land conflicts, the development of oil palm plantations is basically in line with the mandate of the 1945 Constitution that natural resources are controlled by the state and used for the prosperity of the people.; (3) to protect the community interests in plantation land, this study recommends policy based on Islamic guidelines in land ownership. Islamic law classifies ownership into individual property rights (al-milkiyah al-khassah), collective property rights (al-milkiyyah al-'ammah) and state property rights (al-milkiyah al-daulah). This classification protects the community's property rights individually and collectively because investors cannot dictate the state to take over community ownership. Islam also has rules for activating inactive land and distributing it to people who can manage it, which will be the solution to unauthorized land use that is prone to conflict.

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“…Islam views that the problem of poverty is the non-fulfillment of primary needs as a whole. Human benefit in this life consists of several things that are dharuriyyah (basic/primary needs), hajiyyah (secondary needs) and tahsiniyyah (complementary needs) (Malaka, 2018). Primary needs (related to human existence) consist of three things: clothing, food, and shelter.…”

Section: Complete Solution To Poverty In An Islamic Perspectivementioning

confidence: 99%

Poverty Alleviation: Womenomics versus the Islamic Solution

Alwie

Kusumawaty

Hidayat

2022

jkpis

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Society currently faces problems in every aspect of life, including socioeconomic problems such as the problem of increasingly severe poverty. The Central Statistics Agency (BPS) report noted that the number of poor people in Indonesia in 2020 was 26.42 million. The existence of a pandemic exacerbates the situation with rising poverty levels. In addition, many women have to work as heads of households, and the high divorce rate makes the challenges even more difficult. One of the solutions to women's poverty that is currently the mainstream is the gender perspective. Based on this gender perspective, the idea of alleviating women's poverty was emerged through empowering women in the public sector, including in work environment. This idea has been supported by International Programs including the APEC Women and Economic Forum in early September 2013, which voiced the slogan 'Women as Economic Drivers'. In line with this, Japan also echoed the term womenomics. This article aims to: (1) identify the background of the emergence of the idea of womenomics and the extent to which it has been achieved; (2) identify the root cause of poverty and (3) recommend a complete solution to the problem of poverty from an Islamic perspective. The results show that the background of the push for women to public sector, including the womenomics strategy is not based on concern for women's welfare but as an instrument to pursue economic growth. So the results achieved are not far from the capitalist calculation. This womenomics perspective is in stark contrast to the view of Islam, where women and men have equal opportunities to achieve high rewards and positions before the Creator in their respective roles. The perfect Islamic Shari'a has a mechanism for solving people's poverty, and it has been proven during fourteen centuries of Islamic practice.

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Kepemilikan Tanah dalam Konsep Hukum Positif Indoensia, Hukum Adat dan Hukum Islam

Cited by 7 publications

References 0 publications

How do the Customary Forest and Protected Forest Management Principles affect Ambon City Protected Forest Management between the Government and Indigenous Peoples? (Case in the Mount Sirimau Protection Forest Group, Ambon City, Maluku Province)

How do the Customary Forest and Protected Forest Management Principles affect Ambon City Protected Forest Management between the Government and Indigenous Peoples? (Case in the Mount Sirimau Protection Forest Group, Ambon City, Maluku Province)

Conflict Management Policy on Oil Palm Plantations in Riau Province: Islamic Review

Poverty Alleviation: Womenomics versus the Islamic Solution

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