Setyomurni, Tarita Shifa
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Wanprestasi Pengalihan Hak Sewa Tanah Kebun: Analisis Kitab Undang-Undang Hukum Perdata Dan Kompilasi Hukum Ekonomi Syariah (Studi Di Desa Gagaksipat): Studi di Desa Gagaksipat Setyomurni, Tarita Shifa; Junaidi
Jurnal Ilmiah Ekonomi Islam Vol. 12 No. 2 (2026): Jurnal Ilmiah Ekonomi Islam
Publisher : ITB AAS INDONESIA Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29040/jiei.v12i2.19544

Abstract

Verbal land lease agreements in rural areas often generate disputes when tenants transfer the leased property to third parties without the owner’s consent and violate payment and maintenance obligations. This article analyzes the construction of breach of contract, its legal consequences, and dispute resolution mechanisms from the perspective of the Indonesian Civil Code (KUHPerdata) and the Compilation of Sharia Economic Law (KHES), based on a case study in Gagaksipat Village, Boyolali Regency. The study was conducted through empirical legal research using statutory, conceptual, and case approaches, with interviews as the primary data source. The analysis shows that verbal agreements remain legally valid as long as they meet the requirements of Article 1320 of the Civil Code, while unauthorized transfers, late payments, and incomplete payments constitute essential breaches of contract, allowing the owner to seek performance fulfilment, compensation, or contract termination. Dispute resolution under the Civil Code is conducted through formal notice (somasi), breach of contract lawsuits, and claims for termination and compensation in District Court, whereas under KHES, resolution begins with deliberation (ishlah) and may proceed to fasakh and claims for ta’wīḍ through the Religious Court. Both legal systems consistently legitimize the termination of the contractual relationship and the restoration of the owner’s rights in cases of cumulative and essential violations.