Suing the Oligarchy of Ownership and Control of Agricultural Land in Indonesia: A Maqashid Sharia Review of the Land of Agrarian Reform Objects (TORA) Exceeding the Maximum Boundary

Abstract

This article aims to identify and analyze Land Objects of Agrarian Reform (TORA) on agricultural land that exceeds the maximum limit in positive law in Indonesia, and analyzes it from the perspective of maqashid sharia. Positive legal provisions regarding Land as Objects of Agrarian Reform, especially on agricultural land that exceeds the maximum limit, are a legal standing against the oligarchy of control and ownership of agricultural land in Indonesia. This article is a normative legal study with a statutory and conceptual approach. The results of the study in this article show that land ownership and control in Indonesia is still controlled by a handful of oligarchic elites. Therefore, the policy regarding Land Objects of Agrarian Reform (TORA), especially TORA for agricultural land that exceeds the maximum limit, is considered appropriate as one of the efforts to carry out a fair and equitable distribution of ownership and control of land. In positive law rules, there are six TORA characteristics of agricultural land that exceed the maximum limit. These six characteristics become one of the references in a just agrarian reform policy. In the view of maqashid sharia, the TORA provisions are also very compatible with the spirit of hifz al-mal in the concept of contemporary maqashid sharia. The spirit of hifz mal in maqashid sharia, in addition to emphasizing prevention of monopoly and exploitation of property by oligarchic elites, is also a philosophical foundation in efforts to distribute land in a fair and equitable manner for the community.