Jual-Beli Tanah Tanpa Akta (Studi Kasus Dusun Makarti, Desa Jonggon Jaya, Kecamatan Loa Kulu)

Abstract

This research is inspired by a case of buying and selling land without a certificate which is still often found in the lives of indigenous peoples. Access to location and lack of understanding of the importance of following procedures based on Government Regulations are factors that often occur, causing conflicts and disputes. The research was conducted to find out which contracts were carried out and use a review under Islamic law and the UUPA and then analyzed flexibly and adapted to the Shari'a. The type of this research is inductive field research. In collecting data, researchers used interview techniques through informants, namely sellers (from heirs) and land buyers, as well as data analysis with data reduction, data display, and data verification or drawing conclusions. The findings of this study are that the sale and purchase is still valid because it has fulfilled the pillars and conditions, being reviewed from the Civil Code materially the sale and purchase has fulfilled the provisions of Articles 1320, 1457, 1458, but formally the sale and purchase is contrary to Government Regulations No.24/1997 and Government Regulation No.10/1961 concerning Land Registration. The researcher concludes based on the Review of Islamic Law, the law of buying and selling land without an authentic deed or without witnesses and written evidence is valid so that anyone cannot take over or sell it to someone else without permission because the authenticity of the letter is not part of the pillars and conditions of buying and selling. , but it is highly recommended to maintain maqashid shari'ah from human needs and protection against dharuriyah khamsah.