A Core-Plasma Agreement Model For Palm Oil Plantations With A Profit-Sharing Pattern Based on The Muzaara’ah/Mukhabaroh Agreement And Musaqoh Agreement

Abstract

Until now, palm oil plantations remain the largest contributor to the Indonesian economy, accounting for 75% of exports of plantation products. The area of ​​oil palm plantations has now reached 16.01 million hectares, with 53.57% of it controlled by large private companies. To support the economic growth of Indonesian society as a whole, the government, through the Minister of Agriculture Regulation No. 26 of 2007, has made it mandatory for Palm Oil Plantations to allocate 20% of the total land they manage for the community (Inti-Plasma). Unfortunately, this goal cannot be realized optimally due to unbalanced cooperation. The community must bear the debt for the costs of building the garden along with the interest. This research aims to provide an alternative agreement model other than the existing agreement so that the community or oil palm plantation business actors have a choice of agreement model. The research method used is normative legal research, namely research whose sources come from documents in the form of statutory regulations, court decisions, contracts/agreements, legal theory, and scholars' opinions. The results of this research conclude that the Muzaaroah/Mukhobaroh Agreement and Musaqoh Agreement models are more profitable for the community because they do not use a debt and interest system in their cooperation patterns and provide more certainty and benefits. After all, profit sharing is calculated based on their respective roles and burdens. This research will influence the choice of agreement model used by Plasma farmers in establishing Inti-Plasma partnerships, shifting from a debt-and-interest-based model to one based on profit-and-loss sharing.