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PENYALAHGUNAAN OBJEK IJARAH SEBAGAI KEGIATAN TERLARANG TINJAUAN YURIDIS NORMATIF
The ijarah (lease) agreement aims to provide benefits from the leased object in accordance with the agreement of the parties and applicable legal provisions. However, in practice, misuse of the ijarah object for prohibited activities, such as gambling, frequently occurs, giving rise to legal issues from the perspectives of Islamic law and Indonesian positive law. These issues relate to the validity of the contract and legal protection for the owner of the leased object. This research aims to analyze the legal consequences of the misuse of ijarah objects and the forms of legal protection available to the aggrieved party. The research employs a normative juridical method with statutory and conceptual approaches, using legal sources including the Indonesian Civil Code, the Indonesian Criminal Code, and Islamic legal sources concerning ijarah, which are analyzed qualitatively through deductive reasoning. The research results indicate that the conversion of land use into a gambling site constitutes a violation of the 'lawful cause' (causa) requirement and the principle of 'utilization of objects according to their designated purpose' in the ijarah contract. Juridically, the lessee's action of using the land for gambling activities grants the lessor the right to unilaterally terminate the agreement due to a breach of good faith and the exploitation of the object for illegal activities. Furthermore, this study concludes that although criminal liability is normatively individual (borne by the lessee), the lessor holds a civil obligation to ensure that their property is not used for activities that disturb public order, thereby avoiding the risk of asset seizure by the state as criminal evidence.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PENYALAHGUNAAN OBJEK IJARAH SEBAGAI KEGIATAN TERLARANG TINJAUAN YURIDIS NORMATIF (Text)
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