PRAKTEK JUAL BELI TANAH TANPA SERTIFIKAT MENURUT HUKUM ISLAM DAN UNDANG UNDANG NO 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK POKOK AGRARIA(STUDY KASUS DI DESA TANJUNG JAYA KECAMATAN SEMENDAWAI BARAT)

Abstract

The practice of buying and selling uncertified land that occurs in Tanjung Jay Village, West Semendai District is carried out between land sellers and buyers only as a contract, namely in the form of a sale and purchase statement and a receipt without strong legal evidence such as a certificate. This research uses field research methods which are descriptive analysis, using primary and secondary data sources, using research objects, data collection methods through interviews and documentation, then analyzed using qualitative methods using inductive thinking. Based on a review of Islamic law regarding the practice of buying and selling land without a certificate in Tanjung Jaya Village, West Semendai District, the author concludes that the land buying and selling carried out is legal, because after carrying out an analysis the buying and selling has fulfilled the pillars and conditions. If it is according to positive law which is based on the Basic Agrarian Law and the Civil Code then it is also said to be legal. However, buying and selling land without a land certificate has the potential for disputes