Customary Law and the Blue Economy: Reflections on the Philosophy of Justice in the Teseng (Livestock Profit Sharing) Agreement in Barru Against the Exploitation of Coastal Resources

Abstract

This study examines the practice of the teseng agreement as a form of profit-sharing system in livestock farming that has developed in Tanete Riaja District, Barru Regency. Teseng is a traditional agreement between capital owners and livestock farmers, generally carried out orally based on mutual trust and prevailing social norms. The research employs an empirical legal research method with a qualitative approach, through field observations and interviews, as well as analysis of civil law provisions and the principles of Islamic economic law. The findings reveal that the implementation of teseng agreements is established through an initial consensus that fulfills the legal requirements of a valid contract as stipulated in Article 1320 of the Indonesian Civil Code, even in the absence of written documentation. The forms of profit-sharing vary, either in percentage of profits or in the distribution of livestock, but they tend to grant a larger portion of profits to the capital owners. Normatively, this practice aligns with the principles of mudharabah in Islamic law, which emphasize justice, cooperation, and mutual benefit. Thus, teseng not only represents a local economic tradition but also reflects the integration of customary law, civil law, and Islamic law within the profit-sharing system.