Dolot Alhasni Bakung, Zamroni Abdussamad, Mohamad Hidayat Muhtar
Islamic financial scheme in practice is still causing problems in the wider community due to differences in perceptions that exist in the community. The principle of freedom of contract in Law of the Republic of Indonesia Number 2 of 1960 concerning Production Sharing Agreements and Islamic law, especially related to agricultural product sharing and Article 1338 paragraph (1) of the Indonesian Civil law which stipulates that a legally made Agreement will apply like a law for the maker (Pacta Sunt Servanda principle), the word “all” means that every legal subject can make an agreement whose contents are about anything, legal subjects have the freedom to determine the form of the agreement. As only in the farming community in Bone Bolango Regency, especially in the district of Bone when implementing the revenue sharing system did not get a fair share, this was due to the fact that at the time of the contract, farmers were in a weak position due to the need for money for children's education and other emergency needs, especially during the Covid-19 pandemic. The owner of the land has the right to obtain part of the crop on the farm managed by the cultivator and receive back the return of the land upon completion of the agreement. However, in fact the tenant default, precisely tenants perform their achievements but not as what was promised before, therefore the tenant default, IE tenants who provide part of the crop but not in accordance balance must be responsible. © 2022, State University of Gorontalo. All rights reserved.
Faculty of Law, Universitas Negeri Gorontalo, Indonesia
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