TY  - THES
N1  - A. Hashfi Luthfi, M.H.
ID  - digilib76974
UR  - https://digilib.uin-suka.ac.id/id/eprint/76974/
A1  - Khairunnisa, NIM.: 22103080001
Y1  - 2026/04/28/
N2  - 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.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Ijarah
KW  -  Penyalahgunaan Objek Sewa
KW  -  Hukum Islam
KW  -  Hukum
Perdata
KW  -  Hukum Pidana
M1  - skripsi
TI  - PENYALAHGUNAAN OBJEK IJARAH SEBAGAI KEGIATAN TERLARANG TINJAUAN YURIDIS NORMATIF
AV  - restricted
EP  - 109
ER  -