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MEKANISME PENYELESAIAN SENGKETA PROPERTI DI LEMBAGA OMBUDSMAN DAERAH ISTIMEWA YOGYAKARTA (DALAM PERSPEKTIF HUKUM ISLAM)
Increasing the number of transactions between developers and consumers also causes various disputes, such as delays in handover of buildings, non-compliance with specifications, issues with public facilities, and refund problems. This study aims to understand the dispute resolution mechanisms in the property sector at the Special Region of Yogyakarta Ombudsman Institution (LO DIY), analyze them from the perspective of Islamic law, and review their compliance with Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This research is a field research with an empirical juridical approach and is descriptive-analytical in nature. Primary data was obtained through interviews, observations, and documentation at the DIY Ombudsman Institution, while secondary data was obtained from legislation, books, journals, and related documents. Data analysis was conducted qualitatively through data reduction, data presentation, and drawing conclusions. The research results indicate that the property dispute resolution mechanism at LO DIY is carried out through stages of complaint submission, registration and verification, clarification, mediation, agreement drafting, and monitoring of the agreement's implementation. This mechanism is considered effective because it emphasizes deliberation, has relatively low costs, and involves a fast and simple process. From the perspective of Islamic law, the mediation mechanism applied by LO DIY aligns with the concept of iṣlāḥ (peace) and maqāṣid al-sharī‘ah, particularly ḥifẓ al-māl (protection of property), as it aims to protect the rights of the parties and achieve the public good. From the perspective of Law Number 30 of 1999, this mechanism is basically in accordance as a form of alternative dispute resolution outside the court, although the results of the mediation agreement do not have executorial power if they are not registered with the District Court.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
MEKANISME PENYELESAIAN SENGKETA PROPERTI DI LEMBAGA OMBUDSMAN DAERAH ISTIMEWA YOGYAKARTA (DALAM PERSPEKTIF HUKUM ISLAM) (Text)
MEKANISME PENYELESAIAN SENGKETA PROPERTI DI LEMBAGA OMBUDSMAN DAERAH ISTIMEWA YOGYAKARTA (DALAM PERSPEKTIF HUKUM ISLAM) (Other)
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