PELAKSANAAN JUAL BELI TANAH TIDAK BERSERTIFIKAT DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM (Studi Kasus Di Desa Bandar Pulo Kecamatan Bandar Kabupaten Simalungun Provinsi Sumatera Utara)

DIKA AZMI SYUHADA, NIM: 17103080001 (2021) PELAKSANAAN JUAL BELI TANAH TIDAK BERSERTIFIKAT DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM (Studi Kasus Di Desa Bandar Pulo Kecamatan Bandar Kabupaten Simalungun Provinsi Sumatera Utara). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study aims to know and analyze the perspective of Positive Law and Islamic Law on the implementation of buying and selling uncertified land in Bandar Pulo Village, Bandar District, Simalungun Regency, and North Sumatra. This study uses a field study (field research). The technique of collecting data in this study was by interviewing Village Government Officials and some people in Bandar Pulo Village. This study uses an empirical juridical approach, namely by bringing the problem closer by looking at legal principles related to legislation and then comparing it with data obtained directly in the field. While the nature of this research is descriptive analysis. In the implementation of the sale and purchase of land that occurred in Bandar Pulo Village. Bandar District. Simalungun Regency. North Sumatra. The seller in this case the first party only has a letter of surrender of land rights and only signed by Pangulu Nagori (Village Head), and there is also a binding sale and purchase agreement (PPJB) or an underhand agreement in the sense that it is not in the form of an authentic notarial deed. But only in the form of an ordinary agreement made by both the seller and the buyer. And there are still some residents who do not have any letters at all. The contract that takes place usually occurs by fellow families between the two parties, the buyer and the seller, and it is felt that they do not meet the terms and conditions that have been in force. And in terms of measuring the area of land ownership, it is only done manually by the party concerned and it is feared that there will be an error. Understanding or inaccuracy in the measurement of the land area. This kind of thing has the potential to cause disputes in the future. Based on the results of research and data analysis that has been done. It can be concluded that based on a positive legal review. The sale and purchase of uncertified land according to positive law in Indonesia, which is carried out in accordance with the provisions of Law Number 5 of 1960 concerning the Basic Regulations of Agrarian. Government Regulation Number 24 of 1991 concerning Land Registration. Regulation of the Minister of State for Agrarian Affairs/Head of the National Land Agency Number 3 of 1991 concerning Provisions for the Implementation of Government Regulation Number 24 of 1991 concerning Land Registration makes the sale and purchase of land that has not been registered legal and obtains guarantees of certainty and legal protection according to the provisions of the legislation in force in Indonesia. Indonesia. Based on a review in Islamic Law. The practice of buying and selling uncertified land is legal. If the practice of buying and selling land without a certificate is carried out using a letter of sale and purchase known to the witnesses, then the law is valid. Because the sale and purchase is clear and there are no more worries in the future regarding the ownership of the land

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