JUAL BELI TANAH TANPA AKTA JUAL BELI PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PERSPEKTIF HUKUM ISLAM

Lifvia Lailatul Mahmudah, NIM.: 21203012001 (2024) JUAL BELI TANAH TANPA AKTA JUAL BELI PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PERSPEKTIF HUKUM ISLAM. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Sale and purchase is a transaction carried out by a bidder for goods or services to another party (buyer). Land sale and purchase in practice can be done with and without the help of PPAT. As this research is conducted by analyzing the sale and purchase of land carried out without a PPAT deed. Land sale and purchase in Islam also has provisions and conditions that must be taken. Such as when buying and selling must prioritize the benefit rather than causing mafsadah. Because land is an asset that will forever be a patent belonging to someone. So then it is important for each individual who wants to buy and sell land to prioritize maslahah. This study discusses in more detail how the sale and purchase of land is carried out without the deed of a Land Deed Official (PPAT)? This research method uses the type of field research (Field research). The approach used in the preparation of this thesis is the type of juridical normative sociological analysis. The results of the study indicate that the sale and purchase made not in front of a Land Deed Official (PPAT) or without using the help of a PPAT Deed has a validity value, but if examined more deeply, the sale and purchase without a PPAT deed has many risks, one of which is the occurrence of disputes, unfairness, gharar and seizure of land rights. So then to resolve this case, it can then be done by asking for PPAT assistance, which is done by registering the land at the land office. In Islamic law, the case of buying and selling land without a PPAT deed is allegedly causing a lot of mafsadah. The purpose of land registration is to reduce the misfortune of a land right. If the land already has rights to land ownership, it will be able to bring benefits.

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