RENTAL AGREEMENT FOR RENTING PAMELO ORANGE TREES IN BAGENG VILLAGE FROM A SHARIA ECONOMIC LEGAL PERSPECTIVE

Abstract

The practice of leasing pomelo oranges is mostly practiced by the people of Bageng Village, because many members of the community who own pomelo oranges cannot care for pomelo oranges until they produce fruit. The lease is usually carried out with an agreement for a certain period of time. In practice, the tenant leases pomelo orange trees for the fruit to be picked up and there is uncertainty that has the potential to cause losses to one of the parties. The purpose of this study was to find out the practice of renting pomelo citrus trees that occurred in Bageng Village and then to analyze this practice based on Syraih Economic Law from both Islamic Law, Positive Law, Compilation of Sharia Economic Law, and DSN Fatwa. The research method used is descriptive qualitative method, namely explaining or describing events according to field facts.Based on research, leasing pomelo orange trees in Bageng Village is in accordance with regulations in Indonesia, namely the KHUPerdata, Compilation of Sharia Economic Law, and the DSN MUI Fatwa. However, from an analysis of Islamic law, the implementation of the leasing contract for tree tenants in Bageng Village is invalid because the activity is intended to extract the value of the benefits from the fruit, not just to benefit from the tree.