PRAKTIK TUKAR KEPEMILIKAN HAK TANAH MENURUT PERSPEKTIF HUKUM ISLAM DAN UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA (Studi Kasus Di Desa Sidorejo Kecamatan Paron Kabupaten Ngawi)

Abstract

Sidorejo village, ngawi regency, differs in the exchange of people, namely exchanging community gege land with field land belonging to the village government even though it does not yet have a certificate and is done verbally. The purpose of the research is to explain how the practice of exchanging gege land without a certificate and review of islamic law and the basic agrarian law number 5 of 1960.

This study uses qualitative research with the type of research that is field research (field research). The nature of comparative analytical descriptive research with a normative juridical approach. The data sources used were primary data sources and secondary data with data collection methods (observation, interviews and documentation). Data analysis techniques used comparative analytical descriptive techniques by comparing two data variables, namely based on Islamic law and UUPA Number 5 of 1960.

The results of the study concluded that the status of gege land ownership according to Islamic law includes al-Milk al-Daulah which means state property, while the UUPA includes land that is directly controlled by the state. Exchanges made orally are legal in the view of Islam and the UUPA. However, there are irregularities, namely because the object is not clearly owned, and there is no certificate. So, exchanging gege land is not in accordance with Islamic law because it causes a lot of harm and the UUPA is also not allowed because it harms one party without a certificate.

Keywords: Land swaps, Islamic law, Basic Agrarian Law