Penjualan Tanah Tanpa Seizin Pemiliknya (Studi Kasus)

Abstract

This research is motivated by the practice of selling land without the owner’s permission in North Sangatta District, East Kutai Regency. This type of research is field research with a qualitative approach, obtaining data by direct observation of real events, making observations with descriptive analysis techniques, describing phenomena that have occured through reduction, display, and verification. Primary research data in the form of interviews with 3 respondents while secondary data obtained from literature review: MP, journals, theses and articles that discuss Tijāri. After conducting research and observations regarding land sales without the owner’s permission in North Sangatta District, East Kutai Regency, the final result was that the land sale and purchase agreement was not in accordance with the provisions of sharia economic law because it did not meet the requirements. Terms and conditions and the validity of the contract, this could happen due to a lack of understanding regarding the provisions for implementing the Tijāri contract that has been implemented. Meanwhile, agreements made verbally and in writing without witnesses in North Sangatta District, East Kutai Regency, actually give rise to disputes in the future for the parties concerned.