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LEGAL OPINION ON LAND OWNERSHIP DISPUTES BASED ON THE COMPILATION OF SHARIA ECONOMIC LAW (STUDY CASE DECISION NO.01/G/2021/PTUN. SMG AND CASE DECISION NUMBER 152/8/2021/PTTUN SBY)



Ownership rights are hereditary, strongest and most complete rights that can be owned by individuals/legal entities over land. Land dispute cases occur between two parties, both the Plaintiff and the Defendant claiming land ownership status. However, in several cases of ownership disputes, especially in the study of Case Decision 01/G/2021/PTUN SMG, it was found that there was dual SHM ownership, namely two or more certificates issued for the same land plot For this reason, the purpose of this study is to determine the application of legal opinions to ownership disputes in the study of case derision 01/G/2021 PTUN SMG and to analyze how legal opinions are based on ownership disputes based on the Compilation of Sharia Economic Law

This research method is qualitative descriptive, using library research and a normative legal research approach. This research is studied in depth in terms of law and regulations or known as the statute approach. Data collection in the form of primary data and secondary data, the primary data of this study is the result of the decision of the Semarang City State Administrative Court or Case Number 01/G/2021/PTUN SMG, while the secondary data is the results of interviews with advocates

The results of this study show an analysis of legal opinion in the application of the decision of case 01/G/2021/PTUN.SMG, that the certificate functions as strong evidence of ownership in ownership. The existence of a legal opinion in the decision of Case 01/G/2021/PTUN provides a guarantee of legal certainty in property rights disputes. The opinion of the advocate as the hasis for the reasons used by the judge in deciding case 01/G/2021/PTUN.SMG is the holder of the original land rights in the double certificate, namely the first issuance is seen as the highest and strongest. So the panel of judges decided to cancel the object of the a-quo state administrative dispute in the form of certificate of ownership No 02526 because the land did not have a physical land, no legal basis, no girik, history of the land plot and land boundaries. In line with sharia economic law regarding ownership rights, these documents basically reflect the principle of al kitahah twritten documentation) which is a requirement for valid transactions in Islam, namely istiqraz (rights perspective), and avoids gharar, tadlis


Ketersediaan

25SK397101602.1pascasarjana/HESPerpustakaan UIN Saizu Purwokerto (Lt. 3 Skripsi)Tersedia namun tidak untuk dipinjamkan - Tidak dipinjamkan

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Judul Seri
-
No. Panggil
pascasarjana/HES
Penerbit Pascasarjana UIN SAIZU Program Studi HES : Purwokerto.,
Deskripsi Fisik
xix, 109 hal.; 30 cm. + lampiran
Bahasa
Indonesia
ISBN/ISSN
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Klasifikasi
NONE
Tipe Isi
-
Tipe Media
-
Tipe Pembawa
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Edisi
Cet.1
Subyek
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Info Detil Spesifik
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Pernyataan Tanggungjawab

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