Wa Ode Serlianti
Universitas Muhammadiyah Buton; Indonesia

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Resolution of Customary Land Disputes from the Perspective of Maqasid Syari'ah and the Basic Agrarian Law (UUPA): A Case Study in Kadolo Katapi Village, BTN Bukit Sari, Baubau City Wa Ode Serlianti; Irma Purnamayanti; Abdul Kahar Syarifuddin
Social Science Academic Vol. 4 No. 2 (2026)
Publisher : Institut Agama Islam Sunan Giri Ponorogo

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Abstract

This study aims to analyze the forms and characteristics of customary land disputes in Kadolo Katapi Village, BTN Bukit Sari, Baubau City, and to offer resolution solutions through the integration of Maqasid Shari'ah perspectives and the Basic Agrarian Law (UUPA). The study employs a qualitative approach with an empirical legal research design. Data were collected through in-depth interviews, field observations, and documentary studies, then analyzed using the Miles and Huberman interactive model with source and method triangulation to ensure data validity. The findings reveal that land disputes in this area are multidimensional in nature, encompassing ownership disputes, possession conflicts, boundary disagreements, and rights transfer contestations rooted in the dualism between customary norms and national positive law, compounded by the scarcity of formal ownership documents. The tiered resolution mechanisms pursued through customary deliberation, institutional mediation, and litigation have proven insufficient in delivering substantive justice acceptable to all parties. The Maqasid Shari'ah perspective, through the principles of al-shulh (peaceful settlement), al-'adalah (substantive justice), and dar' al-mafasid (prevention of harm), offers an integrative model that complements the UUPA in achieving dispute resolution that is both juridically valid and substantively just, with direct implications for the attainment of SDG 1, SDG 11, and SDG 16.