Land Governance

and Agricultural Land Distribution:

(Comparative Study of Indonesian Government Policies and Abu 'Ubaid thoughts)

Rusdi Hamka Lubis1, M. Sururi2

1
Graduate School of State Islamic University (UIN) Syariah Hidayatullah Jakarta
2 Graduate School of State Islamic University (UIN) Syariah Hidayatullah Jakarta

Keywords: Islamic, Government, Policy, Agricultural, Land, Distribution,

Abstract : Frequently happened agrarian conflicts in Indonesia need to be addressed seriously to find the best solution.
This problem should be exercised from various views and perspectives, including legal, social and
economic perspectives. This study aims to find a comparison between policy and law of the government of
the Republic of Indonesia and the concept of Islamic thought of a great Muslim scholar; Abu Ubaid. This
study uses descriptive analysis. This research is a research library with data and methods of qualitative
analysis. The type of data used in this study is qualitative data obtained from authentic sources consisting of
primary and secondary data sources. The findings and conclusions of this research are that government
policies on land and agricultural land in Indonesia have similarities and differences compared to Abu
Ubaid's thoughts on land/agricultural land. The equation is, on the distribution of plantation land for farmers
that in law in Indonesia recognize ownership of land rights which is characterized by a certificate of
agricultural land, whereas according to Abu Ubaid is land rights for farmers who work on land/plantation
land that has been appointed by the Imam / Head of State .

1. INTRODUCTION in the agricultural sector. Since 2012, farmers and

Indonesia is known as an agrarian country
as most of Indonesian population (almost 50%)
work in the agricultural sector. Land area, soil
fertility, and climate make the agricultural sector as
an important core of economic development.
(Pujiasmanto and Yunus, 2018:1-8). The
Government should be responsive in solving
various problems in the agricultural economy in
order to realize the welfare of the Indonesian
people.
The agricultural economy in Indonesia is
experiencing a very slow growth. Although
Indonesia is known as an agrarian country and
most of the population works in agriculture, but the
achievement of growth in the agricultural sector is
still very low (Simatupang, 2016: 37-50). There
are several reasons behind this low growth rate,
including the absence of the new land addition, the
conversion of productive land into commercial
land, and the destruction of part of the irrigation
(Shohibuddin, 2019:1-12.)
According to data from the Central Bureau
of Statistics, in the first quarter of 2019, the
agribusiness growth is still below 5%, even very
slumping at 1.18% (YoY) far away from the
growth in the same quarter in 2018 which was still
at the 3.34 % (YoY). This is due to some problems
villagers have experienced various problems, such
as the issue of access and control over land, water,
seeds, agrarian conflicts (Ahmad, 2018) the lack of
protection of agricultural product prices for small
farmers as well as the cheap imported food
invasion which causes a drop in the domestic
agricultural products price. (Saputra, 2018)
2. CONFLICTS IN THE AGRICULTURE
SECTOR, PROVINCES WITH THE
HIGHEST NUMBER OF CONFLICTS
According to Yayasan Lembaga Bantuan
Hukum Indonesia is abbreviated with YLBHI (the
Indonesian Legal Aid Foundation) it has handled
as many as 300 cases of agrarian conflicts that
occurred in 16 provinces with 488,404.77 hectares
of land area. Conflict in the agricultural sector is
highest in Central Java with 51 cases.
Unfortunately, some conflicts are unended old
conflicts that have not been given a solution.
In 2009, a joint decree was issued between
the Chair of the National Land Agency (BPN) and
the Chief of the Indonesian National Police
regarding the Handling of Agrarian Conflicts.
However, two years later the conflict in the area of
Register 45 Mesuji Lampung, South Sumatera,
among hundreds of other incidents, took place. As

1
a result, the security officers were even involved
since the security system of the conflicting
company used the services of officials, thugs and
self-initiated security officers (Pamswakarsa).
President of the Republic of Indonesia Joko
Widodo has undertaken various strategies in
accelerating agrarian reform, his political promise
was to carry out a gradual land reform program,
This step is carried out by allocating land to the
poorest people who come from conversion forests
and other lands which according to our land law
may be reserved for interests of the people. This is
what is called the principle of Land for Justice and
Welfare; “Land distribution for farmers program”.
The government has promised to redistribute 400
thousand hectares of land to priority subjects,
namely farm laborers, farmers, fishermen and
spatial planning, but in realization the new
government can redistribute 270 hectares of land
as data released by the National Land Agency
(Bayu, Katadata, 2019)
In other cases, the area of land under the
company's rights was left abandoned and empty.
Seeing that the land was empty, then people came
to work on it because of the necessities of life.
They thought they have the rights of the land and
at the same time the company had the control over
the land and asked the government to control. The
company took cover behind the Law No. 18 of
2004 on Plantations. This law provides a strong
legality to the plantation companies to take the
lands controlled by the people.
A conflict broke out between those who
worked on and controlled the land, including the
owners of customary rights with the company and
the government. On behalf of the law, the security
forces were deployed to bring order. Because the
law requires that the state provides security
protection and guarantees for the operation of
companies in the name of investment. The
Company provides funds to support security or
policing. People always be the losers when dealing
with corporations in land disputes. (Effendi, 2019:
1-12)
This is where the authorities (the state) are
partially seen to the capital owners (investors) on
the grounds according to the mandate of the
investment law. The authorities often use
repressive approach in implementing it. As a
result, there were clashes and violence by the
apparatus (the state) against its own people. All is
for the sake of guaranteeing and protecting the
interests of capital investors. So, the apparatus or
the state will eventually come face to face with its
2
own people. The series of various conflicts cannot
be expected to be resolved by the Law on Handling
Social Conflict. This is because the law is only
oriented towards conflict manifest, but does not yet
contain the whole and comprehensive conflict
handling process. This law also has not yet touched
the root of the real problem, namely a liberal-
patterned consensus that is more in favor of the
interests of capital owners at the expense of the
rights and interests of the people. All of these
cannot be separated from the capitalist system that
is applied in Indonesia. The system gave birth to
the corporation state in the form of a symbiotic
relationship of mutualism between the political and
business elite which is detrimental to many people.
The democratic system that became the main
pillars of capitalism ideology then became a
legitimate tool for the birth of a liberal law.
Without any agreement, customary lands, fields
and settlements were seized by the company.
People who just need to live in peace and grow
cassava were shot to dead. HuMa (Community-
based Law) recorded 108 conflicts in 10 provinces,
Sawit Watch documented 663 Plantation conflicts,
BPN even recorded more than 8,000 agrarian
conflicts in Indonesia. The agrarian bureaucracy
proved to be more in favor of the interests of
capital owners at the expense of the rights and
interests of the people.
In 2012 a number of government strategic
policies in the food and agriculture sectors were
issued, amid the complicated conditions of the
Indonesian land system which did not prevent the
government from issuing Law No. 2 of 2012
concerning land acquisition for development of
public interest which further added to overlapping
rules the land and potentially large increase
agrarian conflict. In the same year, the lengthy
discussion of the revision of Law No. 7 of 1996
was completed with the issuance of the new Food
Law No. 18 of 2012.
According to Henry Saragih, the general
chairman of the Indonesian Farmers Union (SPI),
the new law actually weakened the spirit of food
sovereignty of SPI and other people's
organizations, a number of articles in the new law
even gave more room for food and agribusiness
companies to manage food and agriculture sectors
which are the people's interest..
The new regulation also has not been able
to stem the growing flow of food imports. Various
food commodities do not match their achievement
targets. This year the dependence on imports of
some commodities such as soybeans, cassava, and
wheat has caused a considerable turmoil at both the
consumers and small producers.
A more serious role of government is
needed in thinking about economic strategies and
systems to overcome such various problems in
Indonesia. Various agricultural economic turmoils
in Indonesia, both individuals and groups, are
triggered by the condition where the development
from an infrastructure standpoint continues to
develop but agricultural economic problems, such
as conflicts of over land ownership, land
conversion or conversion of agricultural land
cannot be resolved. A country does not only look
at how to get a high rate of growth in aggregate
output, but the government in charge of managing
a prosperous country must also be able to
substantially reduce macroeconomic imbalances
and economic inequality, because all human beings
have the right to live a happy life.
Indonesia is a country with a Muslim
majority population. Historically, Muslims have
been a reference in world economic thinking
because they can create a stable economy so as to
avoid inflation and speculation, (Karim, A. 2012).
Islamic economic thought was born from the fact
that Islam is a system sent down by God to all
mankind to organize all aspects of their lives in all
space and time. None of the problems or aspects
related to human life, directly or indirectly, and
needed by humans, but Islam has provided
explanations regarding the issues or aspects, (Izzan
& Cape, 2006:1). Islamic economic thought has
actually been around since the advent of Islam
itself. However, most of the discussions of Islamic
economics were buried in the literature classical
books, (Siddiqi, 2003:3)
It is unfortunate that Islamic economic
thoughts are ruled out in this Muslim-majority
country, and some people still consider Islam as an
obstacle in economic development. Although this
view comes from the western thinkers, not a few
Muslim intellectuals believe it. They see Islam as a
religion that is isolated by matters of ritual and not
as a comprehensive system that covers all aspects
of life including economic development.
In an age that is completely global, the role
of the government in carrying out economic
development in particular is the key to a more
prosperous society. Even in time it is expected to
become an advanced country/industry. The
problems of underdeveloped countries or
developing countries are so great and they cannot
be left just to the free mechanism of economic
forces.
3
Recorded in the history of Islamic science,
Muslim clerics and scholars in the classical era
have written and studied Islamic economics not
only normatively, but also empirically and
scientifically with a systematic methodology
(Huda & Muti, 2011: 2). One of the Islamic
thinkers who studied a lot of verses, hadith, atsar,
reality, and financial applications in the scope of
sharia and Islamic countries, who produced many
works or books that are very well known, one of
which is the book of Al-Amwaal which discusses
and documents various results of ijtihad of thinkers
of fiqh schools related to economic and financial
studies (Utomo, Al-amwal, 2009: 23) is Abu
‘Ubaid al-Qasim bin Salam. Abu ‘Ubaid was a
leading hadith (muhaddits) and fiqh (fuqaha)
expert in his lifetime who determined the
revitalization of the economic system based on the
Qur'an and the Hadith through the reform of the
fundamentals of financial policy and institutions.
He was appointed as a qadi (judge) during the
reign of Harun Ar-Rashid in Tarsus until 210 H.
When he served as a qadi, he often handled various
defense and taxation cases and resolved them well.
His language transfer to the words of Arabic also
shows that Abu ‘Ubaid mastered the language.
In general, during Abu 'Ubaid’s lifetime,
agriculture was seen as the best and most important
business sector because it provided basic integrity,
food and was also a major source of state revenue.
This makes the problem of improving the
agricultural sector a major issue, not an issue of
economic growth in the modern sense, therefore,
Abu 'Ubaid directs his attention to socio-political-
economic legitimacy that is stable and fair.
If the contents of the book Al-Amwaal are
evaluated in terms of legal philosophy, it will
appear that Abu 'Ubaid emphasizes justice as the
key principle. For Abu 'Ubaid, the implementation
of these principles will lead to economic prosperity
and social harmony (Utomo, Al-Amwal, 2009:8).
In other words, Abu 'Ubaid wanted to state that all
policies that only benefit a small group of society
and burden other group should be avoided as much
as possible. The government should regulate the
state’s assets in order to always be used for the
common interest and oversee private ownership
rights so as not to be misused so as to disrupt or
reduce the benefits to the general public.
The views of Abu 'Ubaid also reflect the
need to preserve and maintain the balance between
the community rights and obligations and
emphasize esprit de corps, a sense of unity and
shared responsibility. Abu 'Ubaid also firmly stated
that the government is obliged to provide a
guaranteed standard of living for every individual
in a Muslim society (Utomo, Al-Amwal, 2009:15).
3. PROBLEM STATEMENT
Agrarian conflicts still occur in Indonesia
needs to continue to be addressed and solved. This
improvement should be assessed with
consideration of all views and perspectives,
including legal, social and economic. This study
focuses on the theme, how far is the government's
role in the distribution and management of
agricultural land in Indonesia? What kind of policy
is needed, so it can effectively decrease the gaps in
the current plantation land ownership?
4. RESEARCH METHOD
This research is a descriptive research
design, this study in the form of library research
with the data and the method of qualitative
analysis. Data used in this study is qualitative data
obtained from an authentic source consisting of
primary and secondary data sources. This research
is the study of literature, so it does not use the
population to summarize all elements related to the
research, nor is the sample part of the actual object
of a study that is considered to represent the entire
population. However, this study describes and
analyzes objects by reading and studying the
various sources related to the topic.
5. PREVIOUS RESEARCH
Discussion on land and land distribution
policies by the government as a regulator is a study
concerning the lives of many people and if the
policy is not based on the principle of win-win
solution, there will be negative effects on the social
community. This study is certainly expected to be
one of the valuable inputs. As consideration in this
study, several relevant previous research results
will be included. Then the thesis written by
Mukhtar Rosyid Harjono entitled "Implementation
of the agricultural land conversion control policy
in Kendal Regency" in 2005 at the University of
Diponegoro in Semarang. These research findings
indicate that the conversion of agricultural land is
affected by: First, in the regulation of agricultural
land changes there are clear sanctions for the
offenders. Second, the lack of commitment of
committee to consider the permit to change land in
dealing with violators for humanitarian reasons.
4
Third, people's behavior in converting agricultural
land without going through the licensing
procedures set by the government. The converted
lands are mostly for settlements and are carried out
by farmers. The land is fertile land, technically
irrigated, and is able to harvest more than twice.
The scientific work entitled "Thought
Abu 'Ubaid About Zakat" by Royyan Ramdhani in
2010. He wrote that basically thought Abu Ubaid
of the charity is the implementation and
management of zakat are practiced at the time of
the Prophet Muhammad and his companions. The
principle of zakat management at that time was the
role of government as the holder of political power
in zakat management, the establishment of zakat
institutions as public financial institutions, and the
pattern of the distribution of zakat. In principle, the
management of zakat at that time can be applied
today, in particular the management of zakat in
Indonesia. Some government policies regarding the
management of zakat are the role of government in
terms of guaranteeing the management of zakat in
the homeland. However, some improvements and
adjustments are needed, and supervision in the
practice of zakat in the field. By paying attention to
some of the above,
it is hoped that the pattern and system of
zakat management in Indonesia is better and can
contribute to national economic development,
especially the level of the economy of Muslims
which constitutes the majority of the population in
Indonesia. (Lubis, RH, 2019: 14)
Then the dissertation entitled "Poverty and its
Management Policies in the Western and Eastern
Regions of Indonesia" compiled by Mrs. Sri
Wahyuni at IPB Bogor in 2011. According to her,
one factor causing poverty in the agricultural
sector is the low productivity of the sector and this
is partly due to the distribution increasingly
unequal agricultural land. A reality shows that
agriculture in Indonesia is dominated by small
farmers. Smallholders are farmers with arable land
area of less than 0.5 ha. In one concept about the
cycle of poverty, states that the emergence of a
vicious cycle of poverty is caused by lack of access
in capital formation. Banking institutions in
Indonesia still do not reach small farmers. The
farmers who get the most credit are the
landowners. Lack of capital makes it difficult for
small farmers to develop their businesses, so that
the income they receive is difficult to increase. As
a result, poverty in the agricultural sector tends to
be persistent and difficult to reduce.

6. ROLE OF GOVERNMENT IN
AGRICULTURAL ECONOMICS
The more complex the economic activities
and the higher linkages with other aspects of life, it
is very difficult for an economic system including
even the most liberal even to reject the presence of
state or government role in the economy.
Although the market mechanism is the
desired way of producing and allocating goods,
market mechanisms often fail to function. Market
failures will reduce economic output. To correct
such failure, it often requires government
intervention to ensure the efficiency, equity, and
economic stability.
Since Indonesia's independence, it has been
seen that the government plays a major role in the
economy. It is stated explicitly in the 1945
Constitution Article 33 paragraph 2 and paragraph
3. In that article it is stated that: Paragraph 2:
Production branches which are important for the
country and and which control the livelihoods of
the people are controlled by the state. Paragraph 3:
Sources of water and natural resources contained
therein are controlled by the state, and are used for
the greatest prosperity of the people.
As one of the economic actors, the
government has three important functions in the
economy, namely the allocation function, the
distribution function, and the stabilization function.
1. The allocation function: the allocation
function is the function of government as a
provider of public goods and services, such
as the construction of highways, bridges,
provision of lighting facilities, and public
telephones.
2. The distribution function: the distribution
function is the function of the government
in the distribution or distribution of
community income.
3. The function stabilization: the stabilization
function is the function of the government
in creating economic, social political, legal,
and defense and security stability.
7. PLANTATION LAND
The agricultural sector is an important
foreign exchange earner for Indonesia. One of the
main sub-sectors is the plantation sub-sector, such
as the export of rubber, coffee, tea, cocoa and palm
oil. More than 50% of the total production of these
commodities is for export.
5
The Agricultural Classification that I will
discuss in this thesis is the plantation sector of oil
palm and rubber, where the plantation sub-sector
on these commodities has land problems that cause
many casualties to indigenous people, land
disputes that do not get a fair solution from the
government and give impact to the gap the
economy. According to its ownership, plantations
are divided into state-owned plantations, foreign
private plantations, national private plantations,
joint ventures, and PIR (Perkebunan Inti Rakyat).
Plantations land is vast agricultural land,
usually located in the tropics or subtropics, which
is used to produce large-scale trading commodities
(agriculture) and marketed to a remote place, not
for local consumption. Plantations can be planted
with industrial plants such as rubber, palm oil and
others. In the English sense, "plantations" can
include plantation and orchard. The size of the
plantation area is very relative and depends on the
size of the volume of the commodities it markets.
However, a plantation requires a minimum area to
maintain profits through the production system that
it applies.
. Another feature, although not always the
case, is the availability of a processing or
packaging installation of the commodity harvested
on the plantation, before the product is sent to the
buyer.
8. LAND CONDITION
According Drs. M. Suparmoko, MA, Ph.D.,
national and international economic and economic
consultant, it is estimated that 1/6 (one-sixth) of
the land is in the form of a desert. The deserts can
contribute to the production of goods in the form
of mineral resources, but for agricultural
development this desert land cannot be taken into
account.
Land is a natural resource that is essential
for human survival because land is an input
required for any form of human activity such as for
plantations land which is a limitation problem in
this study. Land is also required for industrial
areas, residential areas, roads for transport,
recreation areas, or areas that are maintained for
natural condition for scientific purpose.
Land is also the principle of agriculture, which
determines that the form of production is tenure
and land management methods instead of
manpower, skills, tools and production relations.
To that end, the land must have a separate law that
is different from any other property in connection
with the ownership and management. Land is not
the same as ownership of other property and also
its management. That law makes land ownership is
inseparable objectives of ownership.
Ownership still exists if production exists, and
ownership rights will be lost if production is not
realized, regardless of whether the land owned is
broad or narrow, whether ownership of land among
people is the same or not. (al-Maliki, 2001: 46-47)
8.1. The Fallacy of Equation Theory in Land
Ownership
Equalizing people in land ownership is an
impossible matter, because equating all ownership
is not possible. It would be even more unlikely to
happen to land ownership. Equalizing land
ownership is neither realistic nor applicable.
Human beings, according to the characteristics of
nature, are created with different physical strength
and reason and also different in the fulfillment of
their needs.
Equalization between people in their
medium ownership has different strengths, so it is
considered far from justice. The difference
between humans in mastering the facilities and
means of production is a sure and natural matter.
If they are equalized in their mastery, then
they have done wrong to those who are greater in
directing their energy and are stronger at work
when compared to those who exert less energy and
are not strong at work. Thus, equating humanity in
ownership is a crime. If humans are prohibited
from owning farmland unless they are the same,
then this will lead to the neglect of land owned by
people who are unable to work, are weak and lazy.
Finally, it has an impact on the reduced
productivity of the soil. The existence of those
incapable, weak and lazy in every race and nation
is an unavoidable matter. Thus, equalizing people
in land ownership leads to stopping and weak
production, which is to have a great impact.
From this it seems that the study of the topic which
they call agricultural reform is very obvious,
namely redistributing land tenure among people
alike. Likewise, the study of problems which
humans call feudalism, namely ownership of large
tracts of land and then redistributing equally,
because equating in ownership is dangerous. The
study of land ownership is not related to the
problem of the extent or lack of land ownership
(by a citizen), but is limited to the problem of land
productivity. (al-Maliki, 2001:49-51)
6
8.2. Land Law according to Abu Ubaid
The land law put forward by Abu Ubaid consists of
:
a. Iqta' (Cultivation Land)
Iqta' namely land given by the head of
state to people to control a piece of land regardless
of others. In Al-Amwal, Abu Ubaid interprets
ordinary land that can be made as iqta 'and which
cannot. And usually each area/land inhabited on a
long time, then abandoned by its inhabitants, the
land legal decision is left to the head of state.
Head of State, as well as any uncultivated
land, there is no person who manages it and is not
owned by either Muslims or infidels.
Umar (may Allah be pleased with him)
sent a letter to Abu Musa, "If the land is not the
land that is jizyah watered, then I will give the land
to him". Here it is clear that ‘iqtha is for land that
is not owned and not jizyah land, if the condition
of the land is so the arrangement is left to the head
of the State.
b. Ihya 'al-Mawat (Revive the Uncultivated
Land)
Ihya 'al-Mawat is to revive dead, barren,
neglected land, there is no owner and is not utilized
by cleaning it, irrigating, building and replant the
seeds on the land. In this case the state is entitled to
retain the land by making it public property and the
benefits are given for benefit of the people.
Regarding this ihya al-Mawat, Abu Ubaid divides
it into three types: someone comes to the land then
manages and settles it, and then another person
comes to renew the plants and buildings so that it
becomes the right of lands managed by the
previous person. Second, the head of state gives
the right of ownership of the land to someone
('iqtha) and he abandoned it until someone came
and took care of it. In this case, Abu Ubaid's
opinion refers to what Umar ra did, who said: "If it
was not 'iqta of Rasullah I will not give you even a
bit". Third, if someone builds a wall of land
whether by 'iqta of government or not then leave it
for a long time by not inhabiting it, Abu Ubaid
said: "In some of the hadiths of Umar; that it gives
a limit of three years and prohibits others from
inhabiting the place ".
So from the provisions of Umar it means,
if it has passed a period of three years and does not
occupy it, it is the head of the State who decides
and is allowed for the head of the State to
surrender another head, who is able and able to
occupy it.
c. Hima (Protection)
Hima is land that is not inhabited protected
by the state for herding livestock. The land of
Hima is land that is protected by the government,
but the results that exist on the land such as water,
grass and plants can be used by all of the people.
This is in accordance with the words of the
Prophet, "Muslims are brothers to other Muslims,
who give allowance from water and grass ". ".
From the description above regarding land
law according to Abu ‘Ubaid, then in this chapter it
can be concluded that differences and similarities
occur in the role of government in managing land
in order to realize community welfare. Land issues
have occurred in ancient times until now, only the
difference is the regulation and an institution or
legal entity that has been formed at this time.
9. LAND LAW IN INDONESIA AND THE
VIEW OF ABU UBAID
There are similarities and differences in the
law of the land to the community in managing it
into plantations. It is apparent that the state does
not have the right to exploit a land as a private
property land where public needs to use the land.
The state only set the Act.
However, we can see the difference from
the two land laws, namely, the opinion of Abu
Ubaid on land is more assertive and emphasizes
community justice, there is a stipulation of 3
(three) -year time if the given land is not cultivated
or utilized by the community, then expressly, the
government or head of state takes over from the
land and gives it to people who want to work on
and use it. Meanwhile, the law of land in Indonesia
has a very general context. There is a law that
requires the community to submit an application if
they want to use a piece of land. It is very difficult
for people living in villages; to get the land they
have to submit a few requirements to the state. The
fact that also occurs that land ownership licenses
are very easy to obtain by large corporations such
as oil palm plantation management companies are
finally getting vast land with a very long period of
time.
The issue describes the unjust
distribution. Laws are made by people who have
interests in it, not for the benefit of the society.
The role of the government in the distribution of
plantation land is very important either by
regulating new laws or directly overseeing the use
of the land so that gaps in the community can be
resolved.
7
10. AGRICULTURAL POLICY IN
INDONESIA
In the developing countries that are less
democratic, normally closed political system
influence the economic system. Unhealthy political
system led to unhealthy economic and political
policies. Political relations transformed into
economic relationships so that the economic
system is also growing undemocratic. Elite with a
closed small circle has the potential to control the
economic resources available so that there will
automatically be a concentration of economic
benefits in a limited circle (J.Rachbini, 2004:108-
109)
In Indonesia there is only one kind of
agricultural land rights for all citizens. Land rights
under customary law in the regions can be justified
if it does not conflict with the main objectives, in
addition to the good foundations that exist in
society (the basics of mutual cooperation and
others), maintained and developed in accordance
with the objectives in a modern form. (Tauchid,
2009: 356). To prevent or mitigate conflict over
land / plantation land in Indonesia, it is necessary
to have a fair and prosperous agricultural politics
for all people and a strong commitment to monitor
and evaluate effectively and efficiently. The
politics of agriculture is carried out to increase
agricultural production. For this reason, it usually
takes two ways. First, by means of intensification,
such as making various efforts to increase land
production. Second, by extending the road, such as
increasing the area to be planted. Agricultural
extensification is achieved by encouraging
reviving dead land and fencing it, by giving land
free of charge by the state to those who are able to
farm who do not own land, those who have a
narrow area of land, and include land under their
control. The state immediately takes it by force
from each person who abandons a land for three
consecutive years. With these two things
intensification and extension of agricultural
production increase will be achieved, and will
realize the main objective in agricultural policy.
(Al-Maliki, 2001:195)
Structures, norms and political relations
determine whether the economic prosperity be
spread evenly or not. This has been debated two
hundred years ago between Adam Smith and John
Stuart Mill. The market causes the economy to
grow with the invisible hand push. But according
to Mill, the distribution of the results of economic
development follows a pattern of political
relations. (J. Rachbini, 2004:109) If political
relations are closed, the gap will be high with an
increasingly elite concentration of wealth.
Conversely, if political relations are open and
democratic, then the situation becomes the
foundation for a democratic economy as well as
equitable distribution of development outcomes.
Indonesia's economy follows the first pattern
where a closed political system is transformed into
an unfair economy with a concentration of wealth
in the hands of the elite and surrounding
conglomerates
Monopolistic market structure results in
inefficiencies necessary political collusion by
providing special facilities for certain groups can
reduce the use of economic resources for the wider
community. In Indonesia monopolistic practices
still continue in various ways, although several
markets for certain commodities have begun to
open. (J. Rachbini, 2004:109)
11. POLITICAL COMPONENTS OF LAND
OWNERSHIP
Islam recognizes the political side of the act
of reviving land is actually an economic act.
Political action carried out on land and
those that give the perpetrators of the rights
to the land, are actions that fall under Islamic
recognition.
. Land is seen as the property of the Imam
(state property), and the Shariah does not recognize
individual control and control over the land.
However, individuals can obtain private rights to
land by living in and cultivating it. Although this
right is similar to the concept of ownership in the
present, but it is theoretically different. This is
because the individuals do not get ownership rights
over a land, where the land remains within the
scope of Imam's ownership. Ath Shaykh Tusi
stated that the Imam has the right to apply tax to
the land.
Although some opinions state that it is not
obligatory to pay taxes in special cases, the Imam's
right to apply taxes on land is theoretically
recognized. (Ash Shadr, 2008:210)
So sharia does not recognize private ownership of
land except when individuals have a land plot of
land since before it got to the recognition of Islam
voluntarily or through a contract. Although Islam
gives them the right of private ownership of the
cultivated land, this does not mean they have the
8
absolute right over the land. They are bound by the
obligation to continue to cultivate and fertilize
their land in order to keep soil contribute to the
advancement of Islamic society. If they ignore the
land so that the land is the land of uncultivated,
then in this case the opinion of a jurist and in the
book of Al-Amwal, the land belongs to the people.
12. CONCEPT OF AGRARIAN REFORM
When viewed from the political land in
Indonesia, one of the most strategic land policies to
prevent/reduce land conflicts is agrarian reform.
The agrarian reform (reform) concept is essentially
a land reform concept that is complemented by the
concept of access reform and the concept of legal /
regulation reform. The concept of land reform is
the restructuring of a fairer tenure structure,
including the prevention of concentration of land
ownership. The concept of access reform
relates to structuring the use or use of more
productive land along with structuring the support
of facilities and infrastructure that enables farmers
to gain access to economic resources in rural areas
such as access to agricultural facilities and
infrastructure, irrigation, farming roads, production
suppliers, farming cooperatives, and banking
(small loans). While the concept of policy /
regulation reform with regard to setting policy and
legal framework in favor of the people (Limbong,
2012:372)
13. LAND IN THE VIEW OF SHARIAH
(ISLAMIC LAW)
The Sharia determines the status of
land ownership according to how the land entered
into Islamic control and its condition when it
became Islamic land. Land ownership in Indonesia
is different from ownership of land in Iraq, Egypt
or other countries. Because these countries differ in
how they became part of the Islamic state. (Ash
Shadr, 2008:159)
14. LAND ENTERING ISLAMIC
TERRITORY THROUGH CONQUEST
(FATH)
Conquered land is the land that fell into the
recognition of an Islamic state through jihad for the
sake of the mission of Islam, like the land of Iraq,
Egypt, Iran, Syria, and many other parts of the
Islamic world. During the conquest of Islam, the
condition of the land is not the same, there is land
that has been tilled, where there have been human
attempts to fertilize the land. There is naturally
fertile land without direct human intervention, such
as forest full of trees, where the land naturally
gains wealth. There is also land that is neglected
without processing by human or nature.
a. Land cultivated by human at the time of
the conquest
If a piece of land at the time of annexation
land cultivated by human hands, and it is in the
possession of someone, where that person enjoys
the results or benefits, then the land becomes
common property of all Muslims, for the present
and the future. (Ash Shadr, 2008:160). By this
means, the head of state surrenders conquered
lands into the hands of Muslim individuals who
cultivate and grow crops there, then the head of
state imposes a land tax on them because these
lands are jointly owned by Muslims as a whole.
Then the land cannot be transferred or sold. (Do
not get the rights of private and permanent
ownership of the land).
b. Uncultivated Land the Conquest
A piece of land which at the time of
entering into the recognition of Islam is land that is
not tilled by human hands or nature then it belongs
to the Imam (Ubaid.Al-Amwal.P.371). This kind
of land gets the status of state ownership, in this
case the land is the same as kharaj land (land that
must pay taxes), but both are different in terms of
their ownership status.
Land which was arable land at the time of
the conquest was seen as shared property, while
land that was not tilled (dead land) when it entered
the recognition of the Islamic State was seen as
state property.
. leaders/government in terms of land use and the
c. Proof of the State Ownership of
Uncultivated Land
There is some evidence of state ownership
of a uncultivated land. There is a hadith in which
the Prophet. Said "nobody has the right to the
uncultivated
land, unless he is the Imam wills". From
this hadith Abu Hanifa concluded that no one has
the right to claim or have a uncultivated land
without the permission of the Imam, and this is
fully in line with the fact that the uncultivated land
is belongs to theImam, or in other words, belongs
to the state.Another hadith recorded by Abu Ubaid
in the book Al-Amwal also confirms this, narrated
9
by Ibn Thawus of his father, the Messenger of
Allah said "the land ( 'adi) belongs to Allah, His
Messenger, and then belongs to you." A nash
(hadist text) outlines the rules that ‘adi land
belonged to the Prophet, while the phrase "then
will be yours" assert the rights to claim it (as a
reward for the effort to cultivate it).
It is stated in the book of al-Amwal "Such a
land is the 'adi land, where humans inhabited it in
the past, but then no one settled there. Such a land
was designed as belonging to the Imam, just as in
the case of uncultivated land, that is, land where no
one has raised it, or does not belong to a Muslim,
or is not controlled by an individual according to
the agreement. "In the book of al-Amwal narrated
from Ibn 'Abbas, "As the Prophet arrived in
Medina all lands that were not drained of water
were handed over to his authority, as he wishes".
This hadith text not only applies the principle of
state ownership of uncultivated land that is far
from not receiving water supply, but also confirms
the application of this principle during the
prophetic period. So, the land which was arable
land at the time of the conquest becomes public
property, while the uncultivated at the time of
conquest belonged to the state.
15. DIFFERENT CONSEQUENCES
BETWEEN THE TWO FORMS OF
OWNERSHIP
Although the two forms of ownership
namely joint ownership and state ownership have
the same social function, each has a different
owner; the first is the people / people, while the
second is the party that leads the people in the
name of Allah. The two forms of ownership differ
in terms of how they are used and their respective
roles in building Islamic societies. Pera
distribution of wealth that belongs to the people to
meet together and to realize common interests,
such as building hospitals, educational facilities
dominated facilities, and others. Muhammad Baqir
Ash Shadr's book entitled Istishaduna Islamic
Economic Master Book in 2008 states: We are not
allowed to use shared land or plantations for the
benefit of certain groups, unless these interests are
related to the welfare of society as a whole. For
example, the results obtained from shared property
should not be given to the poor, except if it aims to
create social balance. While state property, besides
being able to be used for the welfare of the people
as a whole, it is also used for certain purposes,
such as providing the results obtained from it to
members of the community in need.
16. UNCULTIVATED LAND
RECLAMATION
Reclamation is an attempt to expand
agricultural land by utilizing areas that were not
useful to be useful land (KBBI). The term "land
reclamation/uncultivated land" is used to describe
two different activities. First, land reclamation is
the activity of changing wetlands or waterways
into usable land, generally for development
purposes. Second, land reclamation is a process in
which damaged land is repaired to its natural state.
Arable land and uncultivated land differ in their
ownership. Therefore, the individual rights to each
type of land are also different. Shari'a does not an
individual the right to own land when the conquest
is arable land, although he is credited with reviving
it after it was previously abandoned However, this
is not the case in the case of land which at the time
of the conquest was dead land, Islam permits the
individual to revive and fertilize the land and give
him specific rights to the land based on the effort
he has put forth to revive and fertilize it. The
history of Ahlul-Bayt (family of the Prophet
Muhammad.) states that "he who brought to life a
plot of land, the land belongs to him. He has
greater rights and claims to the land".
17. THE NATURALLY FERTILE LAND
DURING CONQUEST
Many jurist argue that naturally fertile land
at the time of conquest such as forests have the
same ownership status as uncultivated land as
discussed earlier. They believe that the lands of
this kind belong to Imam / head of state. They rely
on the opinion of a history of the Imams (Ahlul-
Bayt), which states that "every land that has no
belonging is the property of the Imam". This
history gives Imam any ownership rights over no
belonging land, forests, and other similar lands.
The land is not owned by anyone except when it is
cultivated, while forests are fertilized by nature
without any individual interference. On that basis,
the Shari'ah considered both as no man's land, and
consequently be subject to the principle of country
ownership. (As Shadr, 2008:189)
From here we can generalize that forests
and fertile land naturally and conquered by force,
obtaining the same ownership status as the land
which at the time of the conquest of fertile. Thanks
10
to the efforts and work of man (i.e. become the
jointly owned land for the Muslims).
18. LAND BELONGS TO ISLAMIC
TERRITORY THROUGH DA'WAH
Land that belongs to Islamic territory
through da'wah is any land whose inhabitants
welcomes the call of Islam without causing any
armed conflict, such as the city of Medina,
Indonesia, and a number of other regions spread
throughout the Islamic world. The land resulted
from Islamic propaganda is divided into two types.
First, the land cultivated by the residents, and they
accepted Islam voluntarily. Second, naturally
fertile land such as forests, and land upon
admission to the recognition of Islam is the
uncultivated land.
The ownership status of the uncultivated
land and naturally fertile land belongs to the state.
The difference is that an individual can have
specific rights to the uncultivated land if he revives
it, and the same rules apply to the land as the
conquered land. While the naturally fertile lands,
individuals are not entitled to the of ownership
right over it because the land is fertile by itself, the
individual can only benefit from it (As Shadr,
2008:191).
When someone takes advantage of naturally
fertile land no one can take this land from it. The
Prophet said, "Whoever manages land that does not
belong to anyone, then he is the person who has
the most rights to it."Urwah said, "Ibn Umar
Khatthab has issued a legal decision in accordance
with his hadith during his reign". (Utomo, 2006;
kitab Al-Amwalwritten by Abu Ubaid: 372)
While arable land which was cultivated through
human effort and work in areas where the
population embraced Islam voluntarily, they
remain the property of the original owners. This is
because Islam gives Muslims who embraced Islam
voluntarily, all the rights that he has before he
embraced Islam. So, the Muslim individuals, who
embraced Islam voluntarily, remained in control of
their land as the private property, so no tax is
imposed on them. (Ash Shadr, 2008:191)
19. LAND ENTERING ISLAMIC
TERRITORY THROUGH AGREEMENT
(SHULH)
The land of Shulh is a land invaded by
Muslims to control, where inhabitants did not
embrace Islam neither carry out armed resistance.
They continue to embrace their religion and feel
satisfied living peacefully and safely under the
auspices and protection of the Islamic State. This
land is called the promised land. If the agreement
states that in an area of land belonging to the
residents, then on this basis the land in the area
belongs to them, and Islamic societies do not have
any rights or claims it. If the agreement states that
the land in an area belongs to the Muslim
community, then the land in the area belongs to the
Muslim community and subject to the principle of
joint ownership where kharaj (tax) applied to it.
(Ash Shadr.2008.P.192)In the book of Al-Amwal
asserted that the agreement must not be distorted, a
hadith in which the Prophet. said, "when you are at
war with a group, and they are willing to make
peace with you by giving up their wealth in order
to save their souls and the souls of their children,
do not take more than what it should be (agreed
upon), because what is more than it is unclean for
you ".
Meanwhile the Promised Land in the form
of the uncultivated land, it belongs to the state as in
the case of the uncultivated land controlled through
conquest, as well as the dead land in the area that
the residents welcomed the call of Islam (embrace
Islam). Similarly, forest and other similar lands
(naturally fertile land), all of it belongs to the state,
unless otherwise stipulated in the agreement.
20. OTHER LANDS THAT BELONG TO
THE STATE
There are also other land types that are the
subject to the application principle of state
ownership, such as land whose inhabitants
surrender to Muslims without being preceded by
an invasion. Land like this belongs to the category
of anfal (seizure of roles whose control and
management rights are in the hands of the Holy
Prophet or the Imam / head of state).
As stated by Allah following verses of the
Koran:
"And what Allah gave as booty (Fa’i) to His
Messenger from them – for this you made no
expedition with either cavalry or camelry, but
Allah give power to His Messengers over
whomsoever He wills. And Allah is able to do all
things" (QS. al-Hashr verse 6) Likewise with land
whose inhabitants have perished or become
extinct, it belongs to the state as stated in a history
of Hammad Ibn nu Isa from Imam Musa Ibn Ja'far,
"anfal belongs to the Imam. Anfal is every land
whose inhabitants have perished (extinct) ... "as
well as newly formed land, for example an island
formed in the middle of the sea or river. Land like
this also belongs to the state based on the
application of the rule of law which states that
"every uninhabited land belongs to the Imam" (Ash
Shadr, 2008:193-194)
From the description in the previous
chapters, it can be summarized as the following
points:
1. Abu Ubaid managed to become one of the leading
Muslim scholars in the early third century H (ninth
century AD) who determines the revitalization of
the economic system based on the Qur'an and
Hadith through the reform of the financial policy
and institutions.
2. Abu Ubaid is an expert in Islamic economy that
has defined much of the Islamic economic
principles in his works. Among them are Al-Kitab
al-Amwal Amwal Kitab was generated as a
combination of the contents of the books of the
Kitab al-Kharaj and Kitab al-Sadaqah (alms). The
book is often used as a reference in the analysis of
economic issues, especially on public finances. In
this book Abu Ubaid also formulated various
policies to resolve problems regarding land or
plantations, both on land law, land management,
land ownership rights or land acquisition.
3. Abu Ubaid recognizes private ownership and
public ownership. in this case according to him
ownership is the relationship between ownership
and agricultural improvement policies. Abu Ubaid
implicitly Abu Ubaid implicitly argued that
government policies, such as iqta '(enforcement) of
desert lands and official declarations of individual
ownership of fertile barren land, as an incentive to
increase agricultural production. Then the land
given to the requirements to be processed and
released from the obligation to pay taxes, if be left
idle for three consecutive years will be fined and
subsequently been transferred by the authorities.
Even the desert land which includes a private hima
with the intent to be reclaimed, if not be planted in
the same period,
4. In Indonesia, particularly Sumatra region which
has the largest plantation area in Indonesia has a
prolonged land dispute, such as the case of rubber
and oil palm land in Riau, West Sumatra and
Medan which were detrimental to small farmers or
indigenous tenants. In modern, land dispute
resolution is carried out by a judicial institution
that provides decisions, whereas customary law
resolves by reconciling without adjudicating or
deciding Issues of particular concern by the
government is the uncultivated land caused by
11
 former oil palm or rubber for many years (10 to 20
years) which should be used to increase the income
of small farmers, and land tenure/land overlapping,
and land ownership between the private sector and
the State. Indonesian National Land Agency issued
a policy of agrarian reform that is agrarian reform
includes an ongoing process with respect to the
realignment of control, ownership, use and
utilization of agrarian resources, carried out in
order to achieve certainty and legal protection and
justice and prosperity for all the people of
Indonesia (article 2 MPR No. IX / MPR / 2001),
5. Another concept that is issued by the government
to support farmers in addition to agrarian reform is
the Farmers Land Certification. Farmers Land
Certificate is a sub-component of the component
activities of legalization of assets (Legalization
asset is land administration process that includes
adjudications (data collection of physical, juridical,
announcements and the determination and / or the
issuance of the decision to grant land rights),
registration of land rights and the issuance of
certificates of land rights.
6. Condition of the limited supply of land, conversion
of use/allotment of land, increased land conflicts,
poverty, narrowness of employment, social
inequality, and soaring prices of land in an
uncontrolled/reasonable make the government use
the Land Bank institution. Bank land intended as
every activity of government to provide the land,
which will be allocated later use (Maria.2001.P.7-
8). Institutions land bank can acquire land through
purchase, land acquisition/revocation of land
rights, and in other ways, for example exchange or
acquisition through or as a result of land
abandonment.
7. The book of Al-Amwal explained that the land will
become the property for those who want to revive
uncultivated land and settle down. If the three year
period is over and the owners do not occupy land
that had been given by the country, the head of the
state that decided to hand over the land to others
who are capable and able to occupy and cultivate
the land. The government may not provide
productive land to others, because the land can
increase foreign exchange. And if there is a dispute
of land / plantation then the decision rests with the
leader or the head of state.
Abu Ubaid's thoughts about land/plantation land
with government policies in Indonesia have
similarities and differences. The similarity is,
regarding the distribution of plantation land to
farmers that in law in Indonesia recognizes
ownership of land rights marked by agricultural
12
land certification, while according to Abu Ubaid is
land rights for farmers who work on
land/plantation land that has been designated by
the Imam/Chief Country. The difference lies in
ownership and more specific rights carried out by
Islam, that if land is not cultivated for three
consecutive years, or dead land does not manage it
then the land becomes the right of the state to
transfer rights to others who want to work on and
fertilize the land again. While the law in Indonesia
is still common, by not applying time to the owner
of land/plantation land, and who has large capital
will easily get ownership rights over large land.
21. CONCLUSION
The government's policy on land and plantations in
Indonesia has similarities and differences
compared to the thoughts Abu Ubaid of the
land/plantations. The similarity is, the distribution
of plantation land for farmers recognizes
ownership rights over land characterized by
agricultural land certificates, while according to
Abu Ubaid are land rights for farmers who work
on the land/plantation that has been designated by
the Imam / Head of State. The difference lies in the
ownership and rights over the specifications made
by Islam, that is if the land is not cultivated for
three consecutive years, or uncultivated land does
not manage it then the land becomes the country's
right to transfer rights to others who want to work
on and fertilize the land again. While the law in
Indonesia is still common, by not applying time to
the owner of land/plantation land, and who has
large capital will easily get ownership rights over
large land.
.
22. SUGGESTION
1. To prevent or mitigate conflict over
land/plantation land in Indonesia, it is
necessary to have an agricultural policy that
is just and welfare for all people and a strong
commitment to monitor and evaluate
effectively and efficiently. Agricultural
politics that should be used as reference
material by the government is to see the
thoughts/views of Abu Ubaid in the Al-
Amwal book on agricultural politics that is
just and prosperous for the people / people.
By doing so, the government can implement
agricultural policies in Indonesia
2. Land rights under customary law in the
regents can be justified, if it does not contrary
 to the fundamental purpose, in addition to the state immediately took it by force from each
basics of good in society (the basics of person who abandons his land for three
mutual assistance and others), maintained and consecutive years.
developed in accordance with the objectives
on in its modern form
3. The role of government in extension (like
increasing the area to be planted) is also
important in affecting the welfare of farmers
and prevent conflicts by encouraging them to
revive the uncultivated land and fencing it,
provide land free of charge by the state to
those who are able to farm without land,
those who have a narrow land area, and
includes land that is under his control. The

23. REFERENCES Indonesia dan Negara Sedang Berkembang.

Bogor:PT Penerbit IPB Press.
DidikJ.Rachbini.(2004). “Ekonomi Politik”.Kebijakan
BOOKS: dan Strategi Pembangunan.Edisi 1.
Adam.Lukman.dkk.(2010).Ekonomi & Kebijakan Publik Jakarta:Granit.
Mengenai Prolegnas. Jakarta:P3DI. Fadhely.Mohammad.(1999).Meneropong Kehidupan
Al-Maliki.Abdurrahman.(2001). Politik Ekonomi Islam. Ekonomi Umat Islam.Peradaban Islam,
Jakarta Timur:Al-Izzah. Kapitalisme, dan Budaya China di Indonesia.
Al-Qardhawy.Yusuf.(1999).Pedoman Bernegara Dalam Jakarta:PT Golden Terayon Press
Perspektif Islam. Penerjemah: Kathur Suhardi. Firdaus.Muhammad.(2008). Manajemen
Jakarta:Pustaka Al-Kautsar. Agribisnis.Jakarta:PT Bumi Aksara
An-Nabhani.Taqyuddin.(2009). Membangun Sistem Furnivall,J.S.(2009). Hindia Belanda Studi Tentang
Ekonomi Alternatif Perspektif Islam. Ekonomi Majemuk.Jakarta:Freedom Institute.
Surabaya:Risalah Gusti. Gittinger P.J.(2008). Analisa ekonomi proyek-proyek
Ash Shadr, MB. (2008). Buku Induk Ekonomi pertanian.Penerjemah Komet Mangiri Slamet
Islam:Iqtishaduna.Penerjemah;Yudi.Jakarta:Z Sutomo.Jakarta:UI-Press
ahra Hamid.Edy Suandi.(2012). Dinamika Ekonomi
Aulia Pohan.(2008).Kerangka Kebijakan Moneter dan Indonesia. Yogjakarta:UII Press.
Implementasinya di Indonesia. Jakarta:PT Raja Haroen.Nasrun.(2007).Fiqh Muamalah.Jakarta:Gaya
Grafindo Persada. Media Pratama
Baasir.Faisal.(2004).Indonesia Pasca Krisis Catatan Hasan.Aedy.(2011).Teori dan Aplikasi Ekonomi
Politik dan Ekonomi 2003-2004.Jakarta:Surya Pembangunan Perspektif Islam.Sebuah Studi
Multi Grafika. Komparasi. Yogjakarta:Graha Ilmu.
Bashri.Yanto.(2003). Mau kemana pembangunan Hulwati. (2009). Ekonomi Islam, Teori dan Praktiknya
ekonomi indonesia.prisma pemikiran prof.dr. dalam Perdagangan Obligasi Syariah di Pasar
Dorodjatun kuntjoro-Jakti.Bogor:Penada. Modal Indonesia dan Malaysia.
Basri.A.Ikhwan.(2007). Menguak Pemikiran Ekonomi Ciputat:Ciputat Press Group.
Ulama Klasik.Jakarta:Aqwam. Izzan.Ahmad & Tanjung.Syahri.(2006).Referensi
Burhanuddin.Abdullah.(2006). Jalan Menuju Ekonomi Syariah Ayat-Ayat Al-qur’an yang
Stabilitas.Mencapai Pembangunan Ekonomi Berdimensi Ekonomi. Bandung:PT Remaja
Berkelanjutan. Jakarta:Pustaka LP3ES Rosdakarya
Indonesia. Jhingan.M.L.(2010). Ekonomi Pembangunan dan
Chapra.M.Umer.(2008). Reformasi Ekonomi:sebuah Perencanaan.Penerjemah D.Guritno.Ed.1-13.
solusi Perspektif Islam.penerjemah dan Jakarta:Rajawali Pers.
pengantar;Ikhwan Abidin Jusmaliani.dkk.(2005).Kebijakan Ekonomi Dalam
Basri,MA.Jakarta:Bumi Aksara. Islam.Yogjakarta:Kreasi Wacana.
Damanhuri.Didin S.(1999). Pilar-Pilar Reformasi Karim,Adiwarman.2007. Bank Islam:Analisis Fiqih dan
Ekonomi-Politik: Untuk Memahami Krisis Keuangan.Edisi ketiga. Jakarta:PT Raja
Ekonomi dan Menyongsong Indonesia Grafindo Persada.
Baru.Jakarta:CIDES (Pustaka Hidayah). Karim.Adiwarman.(2002). Sejarah Pemikiran Ekonomi
Damanhuri.Didin, S. (2010). Ekonomi Politik dan Islam Pengantar Prof.Dr.M.Dawam
Pembangunan, Teori, Kritik, dan Solusi bagi Rahardjo.Jakarta:IIIT Indonesia.

13
Kuncoro.Mudrajat.(2010). Masalah Kebijakan dan Setengah Abad Terakhir.Membangun Ekonomi
Politik.”Ekonomi Pembangunan. Jakarta Nasional.Yogjakarta:Kanisius.
Timur:Penerbit Erlangga. Sudarsono.Heri.(2012).Bank dan Lembaga Keuangan
Kwik Kian Gie.(1994). Analisis Ekonomi Politik Syariah, Deskripsi dan Ilustrasi.
Indonesia. Jakarta:PT Gramedia Pustaka Yogjakarta:EKONISIA.
Utama. Suhrawardi K.Lubis.(2000).Hukum Ekonomi
Limbong.Bernharg.(2011). Pengadaan Tanah Untuk Islam.Jakarta:Sinar Grafika.
Pembangunan Regulasi, Sumardjono.S.W.Maria.(2008).Tanah Dalam Perspektif
Kompensasi,Penegakan Hukum.Jakarta: MP Hak Ekonomi,Sosial,Dan Budaya.
Pustaka Margaretha. Jakarta:Kompas.
Majid.M.Nazori.(2003). Pemikiran Ekonomi Islam Abu Suparmoko,M.(2002).Ekonomi Publik Untuk Keuangan
Yusuf:Relevansinya Dengan Ekonomi & Pembangunan Daerah edisi
Kekinian.Yogjakarta:Pusat Studi Ekonomi pertama.Yogjakarta:ANDI
Islam (PSEI) Susanto.Hari.(2011).Underground
Maria.(2001). Kebijakan Pertanahan. Jakarta:Kompas. Economiy.Jakarta:Baduose Media.
Mashad.Dhororudin.(2004). Andai Aku Jadi Sutedi.Adrian.(2007).Implementasi Prinsip Kepentingan
Presiden.Menuju Format Indonesia Baru. Umum Dalam Pengadaan Tanah Untuk
Jakarta Timur:Khalifa(Pustaka Al-Kautsar Pembangunan.Jakarta:Sinar Grafika.
Grup). Syahuri.Taufiqurrohman.(2011).Tafsir Konstitusi
Monzer.Kahf.(1995). Ekonomi Islam Telaah Analitik Berbagai Aspek Hukum. Jakarta:Kencana.
Terhadap Fungsi Sistem Ekonomi Islam. Tjokroamidjojo.Bintaro.(2002). Reformasi Nasional
Yogjakarta:Pustaka Pelajar. Penyelenggaraan Good Governance &
Nainggolan, Kaman.(2005). Pertanian Indonesia Kini Perwujudan Masyarakat
dan Esok.Jakarta: Pustaka Sinar Harapan. Madani.Jakarta:Lembaga Administrasi
Nani.Soedarsono.(2000).Pembangunan Berbasis Rakyat Negara.
(Community Based Development). Vedi R.Hafidz.(2005).Dinamika Kekuasaan,Ekonomi-
Jakarta:Melati Bhakti Pertiwi. Politik Indonesia Pasca-Soeharto.
Napi Tupulu.Paimin.(2007). Seri Ilmu Pemerintahan. Jakarta:Pustaka LP3ES Indonesia.
Menuju Pemerintahan Perwakilan. Wahid.Abdul al-Faizin & Nashr.Akbar.(2010).Tafsir
Bandung:PT Alumni. Ekonomi Kontemporer Kajian Tafsir Al-
Nugroho.Iwan & Dahuri.Rokhmin.(2012). Qur’an tentang Ekonomi Islam. Jakarta
Pembangunan Wilayah Perspektif Selatan:Madani Publishing House.
Ekonomi,Sosial,dan Lingkungan.Pengantar Yudhoyono.Susilo Bambang.(2004). Revitalisasi
Gunawan Sumodiningrat. Jakarta:LP3ES. Ekonomi Indonesia,Bisnis,Politik,& Good
Purwanto.dkk.(2009). Pengurangan Kemiskinan Melalui Governance.Jakarta:Freedom Institute.
Penguatan Ketahanan Pangan.Jakarta:LIPI Zevenbergen, J., De Vries, W., & Bennett, R. M. (Eds.).
Press. (2015). Advances in responsible land administration.
Radhi.Fahmy. (2008).Kebijakan Ekonomi Pro- CRC Press.
Rakyat.Antara Komitmen dan Jargon.
Jakarta:Penerbit Republika.
Rahardjo.Dawam.(2011).Nalar Ekonomi Politik JOURNALS :
Indonesia.Bogor:IPB Press.
Rofiq.Ainur.(1997).Etika Ekonomi Ahmad, G. A. (2018). Masterplan Percepatan Dan
Politik.Surabaya:Risalah Gusti. Perluasan Pembangunan Ekonomi Indonesia
Sadli.M.(2000). Landscape Ekonomi dan Politik dalam (Mp3ei), Sengketa Agraria Dan Viktimologi:
Krisis & Transisi.Surakarta: Muhammadiyah Studi Kasus Pembangunan New Yogyakarta
University Press. International AIRPORT (NYIA). Jurnal
Sakti.Ali.(2007). Analisis Teoritis Ekonomi Islam, Ilmiah Galuh Justisi, 6(1), 12-24.
Jawaban Atas Kekacauan Ekonomi https://jurnal.unigal.ac.id/index.php/galuhjustis
Moedern.Jakarta:AQSA-Publishing. i/article/view/1237
Samuelson A. Paul, Nordhaus D. William.(1992). Azadi, H., & Vanhaute, E. (2019). Mutual Effects of
Ekonomi. Diterjemahkan oleh Drs.A.Q.Khalid. Land Distribution and Economic
Edisi kedua belas.Jakarta:Erlangga. Development: Evidence from Asia, Africa, and
Skousen.Mark.(2006). Sang Maestro “Teori-Teori Latin America. Land, 8(6), 96.\
Ekonomi Modern”.Sejarah Pemikiran Di Gregorio, M., Nurrochmat, D. R., Paavola, J., Sari, I.
Ekonomi. Jakarta:Prenada. M., Fatorelli, L., Pramova, E., ... &
Soeharsono.Sagir Bersama Para Sahabat.(2009).Kapita Kusumadewi, S. D. (2017). Climate policy
Selekta Ekonomi Indonesia. Jakarta:Kencana. integration in the land use sector: Mitigation,
Soesastro.Hadi.dkk. (2005). Pemikiran dan adaptation and sustainable development
Permasalahan Ekonomi di Indonesia dalam

14
 linkages. Environmental Science & Policy, 67, Prabowo, E. O. W. (2015). Analisis Faktor-Faktor yang
35-43. Mempengaruhi Konversi Lahan Pertanian ke
Handewi P.S. Rachman dan Erma Non Pertanian di Kecamatan Bulu Kabupaten
Suryani.(2010).Dampak krisis pangan-energi- Sukoharjo.
finansial (PEF) terhadap kinerja ketahanan https://digilib.uns.ac.id/dokumen/detail/50289/
pengan nasional Analisis-Faktor-Faktor-yang-Mempengaruhi-
Harjono, Mukhtar Rosyid (2005) Evaluasi Implementasi Konversi-Lahan-Pertanian-ke-Non-Pertanian-
Kebijakan Pengendalian Konversi Lahan di-Kecamatan-Bulu-Kabupaten-Sukoharjo
Pertanian Di Kabupaten Kendal. Masters Pujiasmanto, B., Yunus, A., & Samanhudi, S. (2018).
thesis, program pasca Sarjana Universitas Potensi Keanekaragaman Hayati Dalam
Diponegoro. http://eprints.undip.ac.id/11729/ Mendukung Indonesia Sebagai Lumbung
Hasan, E. (2019). Penyelesaian Sengketa Lahan Antara Pangan. In Prosiding Seminar Nasional
Masyarakat Gampong Cot Dan Gampong Fakultas Pertanian UNS (Vol. 2, No. 1).
Kulee Dengan PT. Samana Citra Agung Untuk http://jurnal.fp.uns.ac.id/index.php/semnas/arti
Pembangunan dan PT. Semen Indonesia Aceh cle/download/1249/845.
Di Laweung, PIDIE. Jurnal Ilmiah Mahasiswa Puspitasari, D. A. (2019). REDISTRIBUSI TANAH
Fakultas Ilmu Sosial & Ilmu Politik, SEBAGAI BAGIAN PROGRAM
4(1).http://www.jim.unsyiah.ac.id/FISIP/articl LANDREFORM SESUAI PP NO. 224
e/view/10144 TAHUN 1961. Dinamika Hukum, 25(2).
Lauw, Leon (2013) Land Distribution Paradoxes and http://www.riset.unisma.ac.id/index.php/jdh/ar
Dilemma, The Journal of The Helen Suzman ticle/view/2473
Foundation Issue 70, oct 2013 Ramelan, R (1997) Agribisnis di Indonesia dalam
https://hsf.org.za/publications/focus/focus-70- pembangunan nasional, Makalah Simposium
on-focus/focus-70-oct-l-louw.pdf nasional Agribisnis,
Lawry, S., Samii, C., Hall, R., Leopold, A., Hornby, D., http://perpustakaan.bappenas.go.id/lontar/file?f
& Mtero, F. (2017). The impact of land ile=digital/11494-[_Konten_]-Konten
property rights interventions on investment 4085.pdf
and agricultural productivity in developing Retno Sri Hartati Mulyandri.dkk.(2010).Pola
countries: a systematic review. Journal of Komunikasi Dalm Pengmbangan Modal
Development Effectiveness, 9(1), 61-81. Manusia Dan Sosial Pertanian.
Lubis, RH dan Latifah, FN (2019). Analisis Strategi Saputra, F. (2018). Kedudukan Hukum Tanah
Pengembangan Zakat, Infaq, Shadaqoh, dan Revitalisasi Perkebunan yang Ditelantarkan
Wakaf di Indonesia (Analysis of Zakat, Infaq, (Studi Kasus Penyelesaian Sengketa Lahan
Shadaqoh, and Wakaf Development Strategies Antara Kelompok Tani Maju Jaya dengan PT.
in Indonesia), Perisai: Islamic Banking and Bumi Daya Abadi pada Lahan Seluas 226 Ha
Finance, Vol 3 (1), Desa Mukti Lincir Kecamatan Kota
http://ojs.umsida.ac.id/index.php/perisai/article Baharu).http://repositori.usu.ac.id/handle/1234
/view/1999 56789/4968
Mattsson, H., & Mansberger, R. (2017). Land SEBI.(2008).Islamic Economics & Finance
governance/management systems. Hepperle, Journal.Keuangan Publik Islam. Depok:STEI
E.; Dixon-Gough, R.; Mansberger, R, 13-24. SEBI.
Mayrowani.(2012). Pembangunan Pertanian Pada Era Setiawan.Azis Budi.(2011).Governance dan Kepatuhan
Otonomi Daerah: Kebijakan Dan Syariah.Vol.4 No.1.121-136.Depok:SEBI
Implementasi. Forum Penelitian Agro Shohibuddin, M. (2019). Memahami dan
Ekonomi Vol.1 No.1.72-73. Menanggulangi Persoalan Ketimpangan
Mayrowani.Henny.(2012).Pertanian Pembangunan Agraria (1). BHUMI: Jurnal Agraria dan
Pertanian Pada Era Otonomi Daerah Pertanahan, 5(1), 1-12.
:Kebijakan Dan Implementasi.Forum http://www.jurnalbhumi.stpn.ac.id/index.php/J
Penelitian Agro Ekonomi B/article/view/315
Montanarella, L. (2015). Agricultural policy: Govern our Simatupang, P. (2016). Pertumbuhan Ekonomi dan Nilai
soils. Nature News, 528(7580), 32. Tukar Barter Sektor Pertanian. Jurnal Agro
Mulyandri.Sri.(2012).Perspektif Global Penelitian Untuk Ekonomi, 11(1), 37-50.
pembangunan antisipasi lingkungan Strategis http://www.ejurnal.litbang.pertanian.go.id/inde
dan Agenda R&D x.php/jae/article/view/4958
Nolte, K., & Väth, S. J. (2015). Interplay of land Suryani, E. (2016, August). Peranan, peluang dan
governance and large-scale agricultural kendala pengembangan agroindustri di
investment: evidence from Ghana and Kenya. Indonesia. In Forum Penelitian Agro Ekonomi
The Journal of Modern African Studies, 53(1), (Vol. 24, No. 2, pp. 92-106).
69-92. http://www.ejurnal.litbang.pertanian.go.id/inde
x.php/fae/article/view/4045

15
Vergara‐Camus, L., & Kay, C. (2017). The agrarian
political economy of left‐wing governments in
Latin America: Agribusiness, peasants, and the
limits of neo‐developmentalism. Journal of
Agrarian Change, 17(2), 415-437.
Wahyuni, Sri, Hutagaol, M. Parulian, Winandi, Ratna.
(2011) Kemiskinan dan Kebijakan
24. ATTACHMENT:
Differences and Similarities land Indonesian Law and Policy Abu Ubaid view of the land
Land law in Indonesia on Land
- Article 4 paragraph (1) of the UUPA, namely "On the basis of
the state's right to control as referred to in Article 2, there are
various kinds of rights to the surface of the earth, called land,
which can be granted to and owned by people, both themselves
and together with other people and legal entities ".
- In order to obtain the land rights required an application to
the state, and if the conditions deemed to have met and the
application is granted then the authorized State Administration
Agency or Officer for that shall take legal action in the form of
issuing a Decree on Granting of Land Rights to the applicant.
PMPA No. 2 1962 on the affirmation of Conversion and
Registration Rights Indonesia, is a form of recognition by the
state of the rights of the people of both ownership rights
governed by western civil law (BW) and customary land
rights.
. state has the decision to hand over the land to others who
in addition to the privately-owned land there is also known
land for common interests (village land
in modern law land dispute resolution conducted by the
judicial institution that gives a decision, whereas customary
law resolves by reconciling without adjudicating or deciding.
16
Penanggulangannya di Kawasan Barat dan
Timur Indonesia Poverty and Its Reduction
Policy in the Western and Eastern Indonesia.
https://repository.ipb.ac.id/handle/123456789/
57254
Abu Ubaid outlook on Land
Land abandoned by the occupantsn / tenants in a long time,
then the legal decision is left to the head of state.
Uncultivated land (uncultivated) where no person manages
and are not owned by Muslims and infidels, the status of
land handed over to policy leaders.
The state has the right to control the uncultivated, barren,
neglected, has no owner and is not utilized land by
cleaning it, watering it, erecting buildings and replanting
the seeds on that land; by making it public property and the
benefits handed over to the benefit of the people
.
Land will become the property for people who want to
revive dead land and settle down.
If the three-year period is over and owners do not occupy
land that had been given by the country, the head of the
are capable and able to occupy and cultivate the land.
The government may not give productive land to others,
because the land can increase foreign exchange.
If there is a dispute of land /field then the decision rests
with the leader or head of state