EASTERN WISDOM IN AGRARIAN REFORM

Agrarian systems form the foundation of agricultural structures and the societies that rely on them. They determine who prospers and who remains poor, who gains and who loses, and even the extent to which production and productivity can be achieved. The agrarian discourse in Indonesia has long been dominated by the tension between Western eigendom (private ownership) models and formal state law, set against the backdrop of traditional customary law. Land tenure is an essential component of the prevailing agrarian system, as it dictates the level and distribution of societal welfare. This is particularly true for the agricultural sector, where land tenure determines the nature of farming activities and the distribution of yields among stakeholders. Inequality in land tenure inevitably leads to inequality in welfare.

Customary Law Aligns with Islamic Law

Research I conducted with colleagues in West Sumatra, West Kalimantan, and the Special Region of Yogyakarta in the early 2000s revealed a striking pattern: there is a conceptual alignment between customary land tenure and Islamic provisions. Although Dayak and Minangkabau customs differ—and employ different terminology—the principles and regulations governing land tenure in both cultures share significant similarities. Evidence from other sources further indicates that customary land tenure among various Indonesian ethnic groups closely resembles land tenure models found in Islamic law.

However, these customary and Islamic tenure systems differ vastly from Western legal concepts of ownership. This is what I term "Eastern wisdom" regarding agrarian matters—a truly profound wisdom.

Key characteristics of land tenure under customary and Islamic law include the view of land as a unique economic resource—one that does not recognize absolute ownership—as well as an emphasis on inclusivity, a prohibition against trading land merely as a market commodity, and a prioritization of human beings and labor over the land itself. These four characteristics are interconnected, grounded in the fundamental paradigm that land is a unique resource, distinct from other economic resources. Due to its finite nature, land must be utilized equitably and must foster the well-being of all living beings on earth. Therefore, land should never be reduced to a mere commodity in a free market (commodified).

Brothers and sisters, owning a plot of land is not like owning a car. With a car, the owner decides whether to repaint it, alter its shape, crash it, or simply leave it unused. Land cannot be treated that way. We are free to do whatever we wish with a purchased car, but land cannot be treated in such a manner. Ultimately, land belongs to God. Even though we may hold a title deed, the land is never truly ours in an absolute sense. Thus, we must not arbitrarily fence off land with wire or high walls in a way that blocks passage for those behind it; such actions are unjust.

The form of land tenure referred to here in the context of Western law is the capitalist model. Prior to the advent of this capitalist model, traditional land tenure was governed by customary law (adat). Land tenure systems based on customary law and Islamic principles appear to embody greater wisdom—offering a superior means of achieving equitable societal well-being—compared to the concept of "absolute ownership" found in Western capitalist law.

In the Islamic economic framework, humans do not possess the authority to distribute resources entirely at their own discretion; there are significant constraints dictated by the Holy Quran and the Sunnah. In Islam, social welfare is maximized when economic resources are allocated with these principles in mind. No one should improve their own situation at the expense of others. In this context, human beings are not merely social beings but also religious ones.

In the Minangkabau legal system, for instance, a distinction is made between "land" and "ulayat" (customary communal land) based on the principle of horizontal separation. This means that the land itself remains communal property and cannot change hands regarding ownership; however, the administration—or utilization—of the ulayat land falls under the authority of the penghulu (customary leader) (Nurullah, 1999).

Among many ethnic groups in Indonesia, there are regulations defining the limits of individual rights. Every member of the tribe (or customary community) is granted the right to cultivate customary land (tanah adat or tanah ulayat) within their territory through a permission known as the right of "wenang pilih" (the right of choice/selection). If a specific plot of land within the community's territory is continuously cultivated by a member, their bond with that land strengthens. Conversely, if the land is abandoned, that bond weakens and may eventually be severed.

Here, we can see a parallel with Islamic regulations: if land is left idle, the government may take it over.

In the fundamentals of Islamic economics, natural resources—as sources of well-being—and their roles are aspects that receive significant emphasis. Everything in nature—the sun, the moon, the air, and so forth—was created to foster human well-being. All things were created by Allah, and no single individual can monopolize them. One such natural element is the surface of the earth, with land being its most valuable component (Afzalurrahman, 2000). In principle, the concept of land tenure in Islam is rooted in the concept of the earth itself, viewing the earth as a supremely valuable resource for achieving a prosperous life.

Theoretically, we recognize at least three forms of ownership: (1) absolute ownership, (2) public ownership, and (3) private ownership. Under absolute ownership, an owner may do whatever they wish without restriction or restraint. In the Islamic concept, absolute ownership belongs solely to Allah. Only Allah has the prerogative to act upon anything on earth; it is He alone—not human beings—who can bring things into existence or cause them to cease, take or discard them, and so forth. The Quran states: "Whatever is in the heavens and whatever is on the earth belongs to Allah" (Surah al-Najm: 31).

The world has experienced repeated crises as a result of treating land as a commodity in accordance with capitalist principles. In reality, land tenure based on customary law and Islamic principles would be more appropriate, equitable, and conducive to general well-being. It is time for us to turn toward "Eastern wisdom."

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