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All Journal Nama jurnal : International Journal of Education and Humanities Edulaw : Journal of Islamic Law and Yurisprudance
Dindin Syarief Nurwahyudin
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Dinamika Perikatan Dalam Peralihan Hak Atas Tanah Keluarga: Analisis Normatif dan Praktik Sosial Dindin Syarief Nurwahyudin
Edulaw : Journal of Islamic Law and Yurisprudance Vol. 7 No. 2 (2025): Edulaw : Journal of Islamic Law and Yurisprudance
Publisher : Islamic Criminal Law Study Program, Bunga Bangsa Cirebon Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47453/edulaw.v7i2.3557

Abstract

This study discusses the dynamics of obligations in the transfer of family land rights by highlighting the tension between positive legal norms and social practices. Normatively, the transfer of land rights must fulfill the requirements of an agreement as stipulated in the Civil Code, be set forth in an authentic deed, and be registered in accordance with the provisions of the Basic Agrarian Law (UUPA) and Government Regulation No. 24 of 1997. However, in practice, transfers are often carried out in a simple manner through oral grants, private agreements, or customary family arrangements based on mutual trust. This phenomenon creates legal vulnerability and has the potential to trigger land disputes. This research employs a normative-sociolegal approach with qualitative analysis to examine land regulations as well as social practices. The research findings indicate the need for legal harmonization by positioning notaries/PPAT not merely as administrative officials, but also as legal educators who bridge formal law with the living law. The implications of this study highlight the crucial role of notaries/PPAT in preventing disputes, its contribution to the development of integrative agrarian law, and the opening of opportunities for further research on customary practices in various regions and more effective models of legal harmonization.
Harmonization of Islamic Family Counseling on the Validity of Inherited Land Sale and Purchase Agreements from the perspective of contract law Dindin Syarief Nurwahyudin; Nakhma'ussolikhah
International Journal of Education and Humanities Vol. 6 No. 1 (2026): International Journal of Education and Humanities (IJEH)
Publisher : Ilmu Inovasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58557/(ijeh).v6i1.397

Abstract

The sale and purchase of inherited land often give rise to legal disputes due to the intersection of contract law and land law, particularly when not all heirs are involved or when formal land administration procedures are not followed. The core problem addressed in this study is the uncertainty regarding the validity of inherited land sale and purchase agreements that only fulfill contractual requirements but fail to comply with formal land law provisions. This condition often leads to conflicts among heirs and provides limited legal protection for the parties involved. The objective of this study is to analyze the validity of inherited land sale and purchase agreements from the perspectives of contract law and land law, as well as to examine the role of family counseling as an alternative dispute resolution mechanism in resolving inheritance-related land disputes. This study aims to clarify the relationship between substantive contractual validity and the formal legality of land rights transfer. This study employs a normative juridical method using statutory, conceptual, and case approaches. Primary, secondary, and tertiary legal materials are collected and analyzed qualitatively to assess legal norms governing agreements, inheritance, and land registration, as well as their practical implications in dispute resolution. The results indicate that an inherited land sale and purchase agreement is considered valid only when it fulfills both the subjective and objective requirements of contract law, including the consent of all legal heirs, and the formal requirements of land law, namely the execution of a deed by a Land Deed Making Officer (PPAT) and registration at the land office. Family counseling plays a significant role in facilitating mediation, reducing conflict, and encouraging consensus among family members. This study recommends harmonizing contract law and land law regulations, increasing legal awareness among heirs, and integrating family counseling mechanisms to ensure legal certainty, justice, and the protection of parties' rights in inherited land transactions
Co-Authors Nakhma'ussolikhah