Milkiyah dan Keadilan Ganti Kerugian dalam Pengadaan Tanah: Perspektif Hukum Ekonomi Syariah

Land acquisition for public interest in Indonesia still generates compensation disputes even though its regulation has been strengthened from the Basic Agrarian Law to the Job Creation Law, raising the question of whether formal legal certainty alone secures substantive justice for landowners. This article analyzes how far the principle of milkiyah (ownership as a trust) in Islamic economic law can enrich the assessment of compensation justice. This normative legal study applies statutory and conceptual approaches to legislation, court-related instruments, textbooks, and journal articles, analyzed through comparative-thematic and prescriptive methods. The findings show that the social function of land rights, the duty to pay proper and fair compensation, and the principle of agreement are consistent with milkiyah, an taraadin (mutual consent), and the prohibition of gharar and zulm. Tension arises mainly in the rule deeming non-objecting parties to have accepted compensation and in the court deposit (consignment) of compensation, which may weaken the landowner's genuine consent. As an implication, the article formulates four milkiyah criteria, namely clarity of object and value, consent through deliberation, coverage of non-physical losses, and recognition of collective or religious rights, as an additional ethical-normative framework that strengthens positive law.