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SEWA MEYEWA LAPAK PEDAGANG DI PASAR TRADISIONAL BANGSARI TANPA KONTRAK TERTULIS DALAM PERSPEKTIF MASLAHAH MURSALAH
Traditional markets are often the center of economic activities as well as social and cultural interactions for local communities, such as the practice of renting stalls which is often carried out without any legal formalities. In Bangsari Market, Bulaksari Village, traders interact in a stall rental system based on trust and verbal agreements, without any binding written contracts. This practice, although it has been carried out for generations, creates loopholes for problems in the future. One of the most prominent is the practice of buying and selling stalls between new and old traders under the pretext of transferring ownership. This study was conducted with the aim of determining the stall rental system of traders in Bangsari Market, Bulaksari Village, which was then reviewed based on the principle of Maslahah Mursalah and linked to Indonesian Positive Law and Islamic Law. In achieving the research objectives, the researcher used a qualitative research method with a field research type, namely the researcher went directly to the research location located in the Bangsari market, Bulaksari Village, Bantarsari District, Cilacap Regency to find out the stall rental practices that occur in the market. The data sources needed in this study consist of primary, secondary, and tertiary data. In obtaining data, the researcher used a data collection method carried out through direct observation and interviews with several parties, namely from the stall manager (BUMDes Bulaksari) and also several traders as stall tenants. The results of this study indicate that the system of renting stalls of traders in Bangsari Market, Bulaksari Village generally contains maslahah (benefit) by providing a place of business and supporting market management, but also has the potential for mafsadat (loss or conflict) due to the unclear status of rights and transparency regarding ownership and the intent and purpose of payment of amortization. According to a review of positive Indonesian law, the practice of renting is said to be valid, but legally weak because there is no written contract. According to Islamic law, the practice of renting is valid, but there is an element of gharar (unclarity) regarding the details of the amortization that needs to be corrected. Then regarding the element of transfer of ownership of stalls between old and new traders, it is declared invalid because there is no formal basis for ownership. Therefore, there needs to be an update regarding the rules that apply between traders and stall managers to achieve mutual benefit, so that it can minimize conflicts in the future.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
SEWA MEYEWA LAPAK PEDAGANG DI PASAR TRADISIONAL BANGSARI TANPA KONTRAK TERTULIS DALAM PERSPEKTIF MASLAHAH MURSALAH (Text)
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