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HUKUM TUKAR GULING TANAH STUDI KOMPARASI HUKUM ISLAM DAN HUKUM POSITIF
The exchange of land according to the laws and regulations in force in Indonesia is as follows, KUH.Per as regulated in Article 1541, the word exchange of land has the meaning of an agreement, whereby both parties bind themselves to give each other goods in reciprocity, as exchange for an item. Meanwhile, land is a gift from God Almighty to the people, nation and State of Indonesia, which must be cultivated, exploited and utilized for the greatest prosperity of the people. if it is appropriate and the same then justice can be applied otherwise if not this will cause, problems then the instrument will appear without justice. The concept of swapping is one way of transaction. In the big Indonesian dictionary, swapping means exchanging goods without adding money. The rise in cases of land swapping in Indonesia is for nothing other than expediency. In Islamic Law and Positive Law, there is no need for land swaps that are outside of laws or statutes and also Islamic law. Departing from this background, the author is interested in researching how land swaps are carried out according to Islamic law and positive law and pondered this in alegal research entitled "Land Exchange Law Comparative Study of Islamic Law and Positive Law". The aim of this research is to find out what the laws and regulations are according to Islamic law and positive law regarding land swaps. The type of researcher used in this research is library research, which is a series of activities related to data collection methods or materials sourced from books, scientific journals, or internet websites that have relevance to the title. The nature of this research is descriptive-analytic, namely an orderly breakdown of all concepts that are relevant to the research being discussed. Next, the data that has been collected is compiled and analyzed. So that later we will analyze the law of land exchange according to Islamic law and positive law using the theory of Good Governance. The results of this thesis research show that there are two conclusions. Firstly, in Islamic Law and Positive Law, Imam Malik allows land swaps in emergency situations, but it is also based on the principle of the land, namely the existence of benefits in the future. Secondly, according to positive law, it is permissible to exchange land provided that it refers to the principles of Good Governance which include Accountability, Rule of law, Transparency.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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