TINJAUAN HUKUM ISLAM TERHADAP SISTEM KEMITRAAN BAGI HASIL DARI LAHAN PLASMA SAWIT

<p>The profit sharing agreement is a binding contract. Plasma Land as the agreement object involves three parties, they are PT. Bumitama Gunajaya Abadi as the manager Mitra Behaum Cooperative as the bridge between community and company distributing oil palm monthly, and society as the owners of plasma land provided by local government. The grant of plasma land from local government that has no assurance becomes this study object. Types of profit sharing agreement for agricultural or farm products in Islamic law are: musaqah, muzara’ah and mukhabarah. The study discusses whether the profit sharing of oil palm includes in either one of the systems or creates new case in farm’s profit sharing. The researcher believes that further research should be done answering this problem. The result shows that the agreement used tends to be mukhabarah, that is a cooperation between land manager and owner in agriculture or farm. However, we cannot say the agreement is appropriate for some aspects. In its practice, it imperfect is that there is no exact location or assurance of the land. Next, in term of sharing profit, they already set clear share in percentage which is in line (not gharar) with the requirements of mukhabarah.</p><p><br />Akad bagi hasil merupakan akad kerjasama yang bersifat mengikat. Lahan Plasma sebagai objek dari akad melibatkan tiga pihak didalamnya yaitu PT. Bumitama Gunajaya Abadi (BGA), Koperasi Mitra Behaum, serta masyarakat selaku pemilik lahan plasma yang diberikan oleh Pemerintah Daerah (Pemda). Pemberian lahan plasma dari pemda yang tidak memiliki kepastian letak inilah yang menjadi objek penelitian. Akad kerjasama bagi hasil pertanian atau perkebunan dalam hukum Islam adalah dalam bentuk musaqah, muzara’ah dan mukhabarah. Persoalan yang muncul adalah apakah bagi hasil dalam perkebunan sawit tersebut termasuk dari salah satu dari sistem bagi hasil tersebut ataukah menimbulkan persoalan baru dalam bagi hasil perkebunan. Hasil penelitian adalah kerjasama perkebunan sawit dapat dimasukkan dalam akad mukhabarah yaitu bentuk kerjasama antara pengelola kebun dan pemilik lahan. Beberapa rukun dan syarat sebagian telah terpenuhi, namun ada salah satu syarat yang belum terpenuhi yaitu pada tanah yang akan ditanami tidak memiliki kepastian letak. Ketidakpastian ini yang menyebabkan kurang sempurnanya syarat mukhabarah.</p>

Miejsce spółki wspólnoty gruntowej w systemie prawa polskiego

According to the Act of 1963 of Common Lands, in order to properly manage and develop the common land, its shareholders shall appoint the administrative entity called the common land’s company. The company is not the owner of common land, but acts as the land manager, since these lands are subject of specific type of joint ownership operated by a rural community. The establishment of the company is made by way of a resolution adopted by a majority of members entitled to participate in the common land in the presence of at least half of them. Upon approval of the statute of the company by the appropriate administration authority, the company acquires legal personality. The article describes the legal nature of the common land’s company and aims at placing it in the Polish legal system. In order to achieve it, the common land’s company is being compared to a civil, commercial and administrative law companies.

(De-)Activating the growth machine for redevelopment: The case of Liede urban village in Guangzhou

This research investigates the mechanism of urban village redevelopment in south China. Through a revised typology of place entrepreneurs based on the growth machine thesis and a case study of Liede village in central Guangzhou, it illustrates how land-based interests embedded in an imbalanced power relationship can (de-)activate urban village redevelopment. The study reveals that while urban villagers, as represented by the village collective, have entrenched interests in the redevelopment process, the city government – as monopolistic land manager and place entrepreneur – plays the deciding role in forging and halting a growth machine geared towards urban village redevelopment. Although developers are also part of the process, the (de-)activation of redevelopment growth machine/coalition in Guangzhou has largely been dominated by the city government. With a comparative view on the original growth machine model, it is hoped that this study would furnish both theoretical and practical thoughts for future research.

The Farmer as Conservationist … and Restorationist

The farm lies about two hours away from the Shack but only historic inches away in concept. In the Driftless region of southwest Wisconsin, it bears upon it some of the beautiful contoured crop swirls of Coon Valley, telltale marks of Leopold’s influence. New Forest Farm, started by Mark and Jen Shepard, is restoration agriculture in action. The farm asks the land to do what it is tailored by nature to do best and then trains it artfully, holistically, and prodigiously for personal, natural, and commercial use. From the sky, it looks like a child’s fingerpainting in green, with curlycues and waves of varying shades, dotted with treetop spheres, winding around ridges and swells. Lovely, biologically diverse, and drought resistant. It has pocket ponds with connective rain-irrigation swales cut into the contours following gradual lines of gravity to disperse captured moisture into the roots and soil for storage. In the face of the worst drought since 1933, this farm stood out lush and lively, though the chestnuts, hazelnuts, and fruit trees produced a reduced harvest, saving their energies for survival. On the spring day we visited, three new shaggy, fawn-colored Highland cattle had just arrived—a mother, son, and calf—along with some new solar-powered electric fencing for pasturing paddocks. “The animals get to know the whole thing,” says Peter Allen, the land manager in his early thirties who expounds on the sequential grazing of the cattle, pigs, sheep, chickens, and turkeys. “They stay for a day in the paddock, and they’re ready to move on to the next when we open the gates.” A PhD student from UW-Madison’s Nelson Institute for Environmental Studies, Allen is applying precepts of wildlife and land ecology to the emerging field of restoration agriculture. He’s also a warm host and knowledgeable tour guide, handing out exciting details like the intoxicating cider made here.

Landowner, Tenant and Agent on the Marquis of Anglesey's Dorset and Somerset Estate, 1814–44

This article uses the surviving correspondence between the Marquis of Anglesey and his land agent William Castleman to explore the relationship which existed between landowner, tenant and agent. The aim of this research has been to examine how these affiliations worked in practice through five broad but interconnecting themes which include: an investigation into the men who became agents, a survey of the changing patterns of land tenure, an evaluation of the estate's reaction to economic downturn, a study of the schemes used to alleviate tenant distress and an analysis of how these estate interactions were reflected in the repairs and improvements undertaken. Castleman was already an experienced attorney and land manager when he began to work for the estate and he and the Marquis developed, over time, a deep and trusting business partnership. Consequently their correspondence has created a historical prism which this article has used to illustrate the working partnerships within this West Country locality.