CHAPTER I
INTRODUCTION
A.
Background of Study
Indonesia is known as the third world country,
which in real terms has abundant natural resources, mining, fisheries (marine),
forest and mineral content, etc. From
all abundant natural resources, in terms of mining Indonesia is
rated poorly in its management. Whereas, the various types of mines that dominate the
life of many very abundant in this country, such as petroleum, natural gas,
gold, silver, copper, and coal and other mining products. With the wealth of nature in such a way, then
it should all the people can feel the natural wealth itself.
But ironically, Indonesia as one of the
oil-producing countries, but on the other hand as an oil importing country, Indonesia is predicted will be one of the largest oil importing country
in 2018 according to Chatib
Basri, the Minister of Finance.[1]
The society does not felt when oil prices rises because
of the subsidies, but The
State-Budget has considerable growth and give the consequence of infrastructure development, education,
health and others faltered. However, the fuel has been subsidized
until spend trillions fund,[2] deemed not on target. Such as luxury cars, motorcyles,
even a car and motorcycle police with red flat.
Fuel oil is an
important sector in the economy, because its
effects will impact to all sectors. As reported by Ya'cob
Billiocta on merdeka.com, "the President's decision to raise subsidized
fuel prices will be a domino effect. In addition to causing turbulence at the society level, prices of staple corrected rises, also
invited hard reaction from the Parliament".[3]
The discussions that happen
among the public so widespread almost throughout all society. Either
the workers, the students, until to the
community organizations, both in the real world or in cyberspace issued their
respective arguments in response to the reduction in fuel subsidies.
In terms of mining as vital
commodities affecting the lives of many people. These commodities also have an important role in the
national economy.[4]
Hence not permissible for the government transfer the ownership this natural
resource to anyone, whether individual or group.Because it belongs to all
society. Government explore
so as to give all his people the opportunity to take advantage of this
ownership, according to his ijtihad in managing their affairs and in order to
achieve their mashlahat.[5]
Therefore, the policies issued by the
government greatly affect the lives of many people. As policy by
handing over management to the other party through the mechanism of Foreign
Direct Investment (FDI) and privatization (sale to private / foreign).[6] It can threaten
Indonesia's own natural resources. As a result, the rights of people's welfare has
pulled out. The
price of electricity, gasoline tend to rise, then the gas crisis so that there
is a policy of gas cylinders, water crisis society, etc. This is does not
comply with the constitution of 1945 article 33, paragraph 3 is oriented to
people's welfare.
In a situation like this, government is seen
more concerned with foreign investors than to prioritize the welfare of its
people. Nasrun Haroen say "action of an authority
is always to the benefit of its people".[7]
As for Islam governs the management
of natural resources that is described in the hadith narrated by Imam
At-Timirdzi of Abyadh bin Hamal. In the hadith, narrated Abyadh has asked the Rasulullah SAW to be
able to manage a salt mine. Rasul accede the request, but was soon are prohibited by a
Shahabah.[8]
In Islamic Worldview, oil and gas
and other mineral goods are common property that should be managed by the
country only. The results of minings should be returned to the people in the
form of cheap goods, or in the form of subsidies for primary needs, such as
education, health and public facilities. Natural resource management paradigm based on public property
private (corporate-based management) should be changed to the management of
public property by the state (state-based management) to remain oriented
resource conservation (sustainable resources principle).[9] It can be said that the goods included in the
category of common ownership (public assets) should only be administered by the
state and should not be owned by individuals or private / foreign. And more
priority to domestic needs rather than having to send (export) abroad. But the
otherwise, the government is more concerned with the export of out than meet
its domestic needs. It is making people suffer, poverty and hunger as if evenly and
become commonplace.
If the subsidy is defined as
financial assistance that is paid by the state, Islam recognizes the existence
of subsidies in this sense. Subsidies can be regarded a way (uslub)
that may be done by the state, because it includes a giving of state property
to the individual people (i’tha’u ad-dawlah min amwaliha li ar-ra’iyah) that is rightfully of government. Caliph
Umar ibn al-Khattab ever give a treasures of Baitul Maal (Treasury) to
farmers in Iraq so that they could cultivate their farmland.[10]
Even during the reign of the Prophet Muhammad has been done as relief
assistance for the musafir (of Fadak area), assistance for people who learn
their beliefs in Medina, debt payments of people who died in a poor state, and
the payment of benefits for the poor.[11] Madinah country's economy was not then developed and developing
according to GNP and GDP, and also does not have the State Budget (APBN) which
billions of numbers. But almost all people feel comfortable, prosperous and
peaceful even though non-Muslims.[12]
Due to the facts that occurred, this country
including the large Muslim population in the world.[13]
Then why the policies taken by the government
still a part of the western world. Actually, in Islam everything is clearly regulated in
such a way that all people can live with a peaceful, affluent, and prosperous.
From here that researchers wanted to know how
the economy actually Islam regards fuel subsidies in Indonesia is both
empirically and theoretically practice. Viewed from the side of the fuel management policy, as
well as its policy to provide subsidies. Therefore here the researcher is interested to take the
title "The fuel subsidy policy in Indonesia; an Islamic Economic Perspective ".
B.
Problem Formulation
Based on the above background, there
are some problems that can be formulated as follows:
1.
How is the practice of fuel subsidy in Indonesia?
2.
How is the Islamic economic perspective of fuel subsidy
in Indonesia?
C.
Purpose of Study
Based on the formula above problems,
it can be concluded objectives of this study are as follows:
1.
To find out how the practice of fuel subsidy in Indonesia.
2.
To find out how the Islamic economic perspective of fuel
subsidy in Indonesia.
D.
Significance of Study
The usefulness of this study by
researcher divided into two important discussion, namely theoretical and
practical.
1.
Theoritical Significance
a.
To contribute the study of Islamic Economics especially
in fuel subsidy policy.
b.
To provide new insights in the education about the role
of subsidy policy towards people's welfare.
c.
To give attention to the education in order to examine
more deeply about the fuel subsidy policy in the view of Islam.
2.
Practical Significance
a.
To give a brief guidance for public to knowing how fuel
subsidy policy in Indonesia.
b.
To give a brief guidance for public to knowing how
Islamic economic looked at fuel subsidy policy in Indonesia.
c.
To give the new proposition about the state’s role to
improve fuel subsidy policy.
d.
To improve fuel subsidy policy
E.
Literature Review
In this literature review, the researcher want to describe some research that related with this tittle. The purpose of this study, to
clarify the position of the researcher in the study, which will be clear after
this study.
Thesis written by Nur Rahmawati with
title “Tinjauan Hukum Islam Terhadap Pembatasan
Subsidi Bahan Bakar Minyak (BBM) Jenis Premium dalam Undang-Undang No. 22 Tahun
2011”, explain how Islamic
law review the restrictions on subsidized fuel price increases that impose the market prices (inflation) in terms of the law No.22 of 2011. This
study is a literature study, descriptive-analysis and use of data analysis
deductive-inductive. The conclusion
of his research, he assumes that the fuel
subsidy is a rule to make a good economic condition,
but the implementation is still insufficient. Meanwhile,
in the view of Islamic law restrictions on subsidies cause injustice to the
poor people because the rich people could also enjoy it.[14]
The next
literature, Muhammad Zen Nasrudin Fajri had written in a thesis
entitled “Ketentuan-Ketentuan
Intervensi Harga Dalam Ekonomi Islam (Studi Literatur)”. In his research, he aims to know the intervention prices concept according to
Islamic economics and its terms as a reference for government policies in the
intervention price. The method used in this research is the method of
documentation, with the writing of inductive-deductive analysis and then
analyzed the content. The contents of the study, the researchers concluded that justice for all parties could be realize by conducting a discussion
among economists
with producers or consumers who ruled the state of the market.[15]
The research, written by Miftahul Jannah entitled “Analisis Undang-Undang No. 22 Tahun 2001
Tentang Minyak dan Gas Bumi ditinjau dari Konsep Pengelolaan Kepemilikan Umum
dalam Islam”. This research aims to give an explaination of how and to what extent the
role of Oil and Gas, in fulfillment the needs of small and large family in
terms of countries, to minimize the risks that occur. The method used
in the form of qualitative analysis with exploratory research methods, which
combine normative approach to the study of literature. This study
provides an explanation about the ownership of property, according to Islam,
especially in the common property in the category of oil and gas are reviewed
in the law no. 22. 2001.[16]
In another research, written by Herman to complete his
undergraduate thesis entitled “Kebijakan Pemerintah dalam Penetapan Harga
BBM: Suatu Tinjauan dari Perspektif Ekonomi Islam”. Explain how the Islamic
concept of the role of the state in setting prices, to determine the policy of
the government in setting fuel prices, and to determine the economic outlook of
Islam on the determination of fuel prices by the government in 2005. The method used
is the method of literature study, with descriptive analytical data processing.[17]
In another paper by Rimawan Pradiptyo and
Gumilang Sahadewo Aryo entitled
“A Growing Pain: an Experimental Approach to Discover the Most Acceptable Strategy for Lifting Fuel Subsidy
Scheme in Indonesia”. This paper aims to seek the most acceptable exit strategy of eliminating
the fuel subsidy scheme in Indonesia based on Households' perspective. And research
using experimental approach from the perspective of households.[18]
Based on declaration above, the writer want to
complate and explain clearly about fuel subsidy policy in Indonesia an Islamic
economic perspective.
F.
Theoritical Framework
Researchers will use economic
theories as the theoretical framework and more particularly the theory of the
role of government in the economy. These theories include:
1.
Subsidies
According Assauri in Y. Sri Susilo
(2003) subsidy is a government assistance to producers or consumers for goods
and services produced lower price so that people can buy with higher numbers.
The amount of the subsidy normally fixed per unit of goods. In this case, the
government bear some costs of production marketing.[19]
In the conventional theory, the
subsidy may be seen as a negative tax (negative tax), because the subsidy adds
real income. As well as tax benefits of subsidies are divided between producers
and consumers, depending on the elasticity of demand and supply.[20]
2.
Ownership Theory in Islam
Fuel oil is a mineral, and mining in
Islam is a public property that can not be owned by individuals because it
would create a dispute in terms of getting it. In a hadith, the Prophet Muhammad. has explained that public
facilities should not be owned individually:
Prophet SAW. He said: "Muslims
association in three things: water, desert, and fire".[21]
Ibn Majah also narrated from Abu Hurairah that the Prophet SAW.
said: "The three things that will never are prohibited (for whoever owned):
water, desert, and fire".
Regarding mining materials are
classified into two, namely a limited number, which does not include a large
amount according to the size of the individual, as well as minerals that are
unlimited. The
minerals that are unlimited, which might not be spent, then the mine material
common property and should not be owned privately.[22]
3.
Theory of Justice in Islam
The allocation of subsidy funds is
uneven, the price of fuel is increasingly screaming people, the prevalence of
foreign parties in exploiting the natural resources of the country, especially
in the field of oil fields. Such things can’t be said with
a justice in the Islamic worldview. Because
the fair has a meaning in accordance with its portion (a dose).
The exact connotation of social justice is
that our social system should have complate balance between the rights and
obligations of individuals and the society.[23]
In his writings, Sayyid Abul A'la Maududi put
social justice in the first place of the basic values of the economic
philosophy of Islam.
Sayyid Abul A’la Mawdudi said on his book
there is no room in islam for any individual or group of persons to sit
together and their own concept of justice for the society, and then impose it
on the people through brute force without allowing anybody to say a word
against their self-conceived notions. Resumed by him, islam guarantees people’s
fundamental human rights, and in an Islamic polity there is no room for a
despot or self-willed dictator.[24]
G.
Research Method
In the process of research the need
for methods that describe how solving problems, so research will be more easily
resolved. Therefore, the compiler will use research methods as follows:
1.
Kind of Research
In preparing this study, the authors
use a kind of library research (library research),[25] the research done by reviewing and studying the data derived from
the literature, such as books, magazines, journals, articles, papers, and
others regarding issues of reviews Islam views the fuel subsidy. The existing
literature can help policy in resolving the problem so get clear data in
writing this essay.
The nature of the research authors
in this study is descriptive-analysis,[26] ie to describe and summarize in detail the issues that are being
investigated about government policy in response to the fuel subsidy will then
be analyzed using the paradigm view of Islam.
2.
Data Sources
Collecting data in this
study by reading books and browse the literature in the form of a journal and articles[27] related to monetary policy and economic overview Islamic economic perspective.
After the data has been collected, author classifies into three parts, such as:
a.
Primary data is the source of the data obtained from an object of
research studies of Islamic law in the form of the Qur'an and Hadith, but the
two data sources is still lacking supplement in order to get a more expanded
view related books, books of macro and / or micro-economics of Islam, the books
of fiqh and usul fiqh books fiscal policy.
b.
Secondary data is the source of the data obtained from books and
written works relating to subsidies and news, the Presidential Decree, Law,
regulation, Decree of the Minister, the results of scientific studies and
others that discuss perspectives Islamic economics in view of fuel subsidies
and contain a problem that constituent carefully in order to make a foundation
in resolving the issue.
c.
Data Tertiary is the source of the data obtained from dictionaries,
encyclopedias, and so forth.
3.
Method of Data analysis
The analysis used in this research
is the analysis of deductive and inductive.
a.
Deductive,[28]
is data analysis based on the thinking process from the main declaration to
special declaration, in other word, thus particular instance are deducted from
general inferences. The writer uses this method to descript the study of fuel subsidy in the perspective of Islamic economics.
b.
Inductive,[29] the data analysis at special principle and
arrange in general formulation. The writer uses this method to explain about the analysis of data from the government's policy in dealing with
the fuel subsidy by using the perspective of Islamic economics.
c.
The descriptive analysis content,[30]
the data analysis will be used to describe the detail of data form sources to
make the conclusion. The researcher will use the descriptive analysis content
method to conclude Islamic economic perspective on fuel subsidy policy in Indonesia and its effectiveness.
H.
System of Study
To simplify the study, the authors
divide the systems and procedures of the study into four parts.
Chapter one, contains about
introduction consisting of background of the problem, formulation of the
problem, the purpose of research, usability research, literature reviews,
theoretical framework, research methods, and the systematic writing.
The second chapter, consisting of a
general theory of subsidies as well as a general overview of fuel subsidies
that exist today with the result and influence. And what about the role of
government in terms of addressing the fuel subsidy.
The third chapter, discusses how
Islam regards the subsidy in the perspective of Islamic economics. And the
extent of the subsidy policy in the welfare of the economy in Indonesia. And
the completion of the formulation of the problem of this research.
And chapter four is closing, consisting
of the conclusions in the study and then suggestions for the next writer to
make this research more complete and perfect than before.
[3] Ya’cob Billiocta. http://www.merdeka.com/politik/5-fakta-interpelasi-dpr-soal-bbm-ke-jokowi.html. Minggu, 30 November 2014.
[8] From Abyadh bin Hammal that he came to the
Prophet sallallaahu 'alaihi wasallam request to assign ownership of a plot of
her salt mines and then he sets for him. When they wanted to move away someone
that is on the panel said; do you know what you charge for it? Surely you set a
land that has standing water. Abyadh said was said; He also canceled. He
continued; he asked; What kind of land allowed to be turned on? He replied:
"that is not trampled by the feet of the camel". Do Qutaibah set? He
replied; Yes.
Has told us Muhammad
bin Yahya bin Abu Omar has told us Muhammad bin Yahya bin Qais Al Ma'ribi with
this sanad as such. Al Ma'rib is located next to Yemen. He said; in this case
there is a hadith Gharib and guide charity according to the scholars of the
Companions of the Prophet sallallaahu 'alaihi wasallam and besides those on the
determination of the soil. They allow an imam set one's land section. (H.R. At
Tirmidzi no. 1301. This hadith was passed by Syaikh Al Bani in Ash Shahih wadh
Dha’if Sunan At Tirmidzi Chapter 3, page 380).
[9] Muhammad Ismail
Yusanto. Pengelolaan Sumber Daya Alam dalam Perspektif Islam. Source: http://dokumen.tips/documents/pengelolaan-sumber-daya-alam-dalam-perspektif-islam.
html. Accessed on 2 Juni 2016.
[10] The explanation is quoted by KH. Siddiq al-Jawie of the book An-Nabhani,
(2004, p. 11) in an article in http://jurnal-ekonomi.org/pandangan-islam-tentang-subsidi/. 11 September 2015.
[11] Adiwarman Azwar Karim. Sejarah Pemikiran Ekonomi Islam. (Jakarta; PT.
Raja Grafindo Persada, 2012), page. 51.
[13] According to data published in 2010
wikipedia.org, the world's largest Muslim population in Indonesia with a
population of 204 847 000 inhabitants, followed by Pakistan and India 178 097
000 177 286 000 inhabitants. Source:http://en.wikipedia.org/wiki/Islam_by_country 30 November 2014.
[14] Nur Rahmawati. “Tinjauan Hukum
Islam Terhadap Pembatasan Subsidi Bahan Bakar Minyak (BBM) Jenis Premium Dalam
Undang-Undang No. 22 Tahun 2011”. Thesis. Yogyakarta: Fakultas Syariah dan
Hukum. Universitas Islam Negri Sunan Kalijaga.
[15] Muhamad Zen Nasrudin Fajri. “Ketentuan-Ketentuan
Intervensi Harga dalam Ekonomi Islam (Studi Literatur)”. Thesis. Ponorogo: Program
Studi Mu’amalat. Fakultas Syariah. Institut Studi Islam Darussalam Gontor.
[18]
Rimawan Pradiptyo dan Gumilang Aryo Sahadewo. “A Growing Pain: an
Experimental Approach to Discover the Most Acceptable Strategy for Lifting Fuel
Subsidy Scheme in Indonesia”. MPRA’s paper was published by Departemen Ekonomi dan Bisnis, Fakultas Ekonomi, Universitas Gajah
Mada, (MPRA Paper No. 37073, posted 3. March 2012 19:15 UTC), online at
http://mpra.ub.uni-muenchen.de/37073/.
[19] Antariksawan. “Analisis Komparasi Pola Pengeluaran Konsumsi Antara
Masyarakat Berpendapatan Tetap dan Masyarakat Berpendapatan Tidak Tetap Pasca
Penghapusan Subsidi Bahan Bakar Minyak (Studi Kasus di Kecamatan Salaman
Kabupaten Magelang)”. (digilib UNS-Fakultas Ekonomi Jurusan
Ekonomi Pembangunan-F.0102017-2006, 2006), page
9.
[20] Prathama Rahardja dan Mandala Manurung. “Pengantar Ilmu Ekonomi:
Mikroekonomi & Makroekonomi”. (Jakarta; Lembaga Penerbit Fakultas Ekonomi
Universitas Indonesia, 2008), page 50.
[25] Library research is often referred to as a desk study or research of
secondary data. That is, the researchers did not have struggling to searching
for data through surveys, either through questionnaires or interviews, or
observation, all the data is already there live search and recall only through
print media or electronic media. Hendri Tanjung dan Abrista Devi. “Metodologi
Penelitian Ekonomi Islam”. (Jakarta; Gramata Publishing, 2013), page 94.