Antinomy Method Approach In The Reformulation Of Profit-Sharing System As An Option For Agrarian Conflict Resolution Of Former Erfpacht Rights Plantation Lands

摘要

The constantly changing and evolving configuration of land affairs dimensions have the implications of causing a lot of current and ongoing conflicts of interests; therefore, it is necessary to have a method for resolving disputes or conflicts which is oriented towards emphasizing social justice and legal certainty in a synergistic and proportional way. Essentially, land cases have contested social dimensions which proceed from the characteristics of the disputes over former erfpacht plantation lands. While dealing with such land cases, general and civil courts often view them solely from the formal side of their legal relations, so the rulings often contradict the public’s sense of justice. Antinomy in law teaches that there are paired values that are philosophically contested to each other in order to find a harmony between them. Agrarian reform in this sense includes land consolidation, business consolidation, and the regulation of profit-sharing and leasing relations whose object is the rights to land. The concept of profit-sharing is an instrument which is open for application and development by making adjustments to conditions in the field, whether in the field of plantation business management, in farming business or livestock business. The adjustments of profit-sharing model to current socio-economic conditions include: first, conventional profit-sharing model that is based on gross profit-sharing (deelbouw) in the spirit of agrarian reform is transformed into net profit-sharing (deelwinning. Second, in accordance with the elements of interests contained in profit-sharing transactions, in the processes of agreement formation and implementation intervention from public institutions is deemed unnecessary. Third, the nature of reciprocal relationship between parties in conventional profit-sharing leans more toward the dominant position of landowners, otherwise in a socio-economic relationship is called patron-client relationship, hence in relation with the spirit of agrarian reform more emphasis should be given to the fact that it is the farmers who are more active in production processes and consequently they should have the bigger share of profit-sharing. Fourth, the environmental conditions at disputed plantation lands implicates a very large/massive number of populace around the lands, therefore local governments as the stakeholder has the obligation to mediate and to intensively disseminate the policy of equitable and modified profit-sharing model to the communities of farmers/growers /sharecroppers.