ANALYSIS OF OVERLAPPING LAND CASES: COMPARATIVE STUDY ACCORDING TO POSITIVE LAW AND ISLAMIC LAW Yiyin Arum Puspitasari(a*), Achmad Miftah Farid(b)
a.) Faculty of Law, Universitas Muhammadiyah Surakarta
Jl. A. Yani, Pabelan, Kartasura, Sukoharjo, Jawa Tengah. 57169, Indonesia.
*c100210181[at]students.ums.ac.id
b) Faculty of Law, Universitas Muhammadiyah Surakarta
Jl. A. Yani, Pabelan, Kartasura, Sukoharjo, Jawa Tengah. 57169, Indonesia.
amf209[at]ums.ac.id
Abstract
This research discusses comparative studies according to positive law and Islamic law in cases of overlapping land. This type of research is normative research, the approach method in this research uses a statutory approach, data sources come from primary data and secondary data, the data collection method used is documentary research. The results of this research are mechanisms and steps in resolving two methods, namely through administrative efforts and court efforts. In these two efforts, there are steps that can be taken to resolve disputes, where these steps are carried out through legal procedures, mediation and deliberation. There needs to be legal protection to resolve this problem. In deciding overlapping land disputes in Decision No.1/G/2021. From an Islamic legal perspective, land ownership rights are regulated in sharia principles which have important moral and social values. In Islam, ownership is considered a trust from Allah.
