Perspective of public law in rearrangement of profit sharing system agricultural land in Indonesia

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Tamsil, I.F. Susilowati, M. Wardhana

2018 Journal of Physics: Conference Series Vol. 953 Issue 1 Conference paper Cited by 2

Abstract

Review of the Shared Revenue Act for better regulatory system is an important issue as a more realistic and highly feasible agrarian reform policy. The rearrangement of agricultural land tenure systems is difficult to implement because it must be done simultaneously and thoroughly plus the support of large economic and political cost allocations; Instead, allowing the use of land in market mechanisms violating the principles of fairness on profit sharing. So it needs agrarian policies that are gradual and more realistic, such as revision of Act on profit sharing. In the previous research, the characteristics of the land sharing system in Indonesia are: (1) The Revenue Sharing Agreement is seen as a personal relationship subject to the private of law, not public rules; (2) found character of unequal Patron-client relationship between landowner and farmer; (3) Different revenue sharing systems and tend to position smallholders as weak and defeated. This study aims to discuss the State's 'interference' in changing the profit sharing system by limiting individual freedom on the basis of a 'new' perspective of profit sharing as a relative legal relation. In the future, the profit-sharing system should be able to provide legal protection for farmers, as well as landowners. © Published under licence by IOP Publishing Ltd.

Affiliations

Department of Law, Faculty of Social Sciences and Law, Universitas Negeri Surabaya, Ketintang Street, Surabaya, 60231, Indonesia