PRAKTIK GADAI TANAH YANG MELEBIHI BATAS WAKTU PERSPEKTIF HUKUM EKONOMI SYARIAH DAN HUKUM AGRARIA (STUDI KASUS KABUPATEN JEMBER)

Abstract

In Plerean Village, Sumberjambe District, Jember Regency, land-pledging practices have been found to exceed the seven-year time limit. This study aims to analyze these practices in light of Article 7 of Government Regulation in Lieu of Law Number 56 of 1960 concerning the Determination of Agricultural Land Area, as well as from the perspective of Sharia Economic Law. The study employs a qualitative approach, utilizing a case study design and a juridical-empirical method. Data were collected through observation, interviews, and documentation. The findings indicate that land-pledging arrangements often persist for eight to ten years, extended verbally without any written agreement. Under agrarian law, such practices fail to comply with the requirement that land must be returned after seven years without the need for a redemption payment. From the perspective of Sharia Economic Law, these practices are inconsistent with the principles of rahn (pledging) if the utilization of the land provides ongoing benefits to the pledgee (murtahin) while disregarding the rights of the pledgor (rahin). Furthermore, such practices may involve elements of riba (usury) and are classified as ‘urf fasid (corrupt or invalid custom) insofar as they contravene Sharia principles.