Siyasatuna Jurnal Ilmiyah Mahasiswa Siyasah Syariyyah
Vol 3 No 1 (2022): SIYASATUNA

GANTI RUGI PENGADAAN TANAH UNTUK KEPENTINGAN UMUM PERSPEKTIF SIYASAH SYAR’IYYAH

Firda, Andi (Unknown)
Kurniati, Kurniati (Unknown)
Budiarti, Budiarti (Unknown)



Article Info

Publish Date
26 Jan 2022

Abstract

The process of procuring land for the public interest often causes problems, especially those related to the amount of compensation that is considered not to pay attention to aspects of justice for landowners. This research aims to find out how the concept of compensation in land procurement and its settlement mechanism from the perspective of siyasah syar'iyyah. The type of research used is literature study research with normative juridical approach and normative theological approach of syar'i. The results of this study show that regulatively, the mechanism of procurement of land for the public interest must be carried out through deliberation between the two parties to determine the amount of indemnity costs. The agreement between the landowner and the government became the basis for the transfer of ownership rights. The mechanism for resolving in case of problems is pursued by deliberation, although litigation efforts are available. In the perspective of siyasah syar'iyyah, the acquisition of land for the public interest can be carried out using the maslahah mursalah method and the government is not justified in acting arbitrarily in taking over ownership of the land but must provide decent and fair compensation.

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Journal Info

Abbrev

siyasatuna

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Siyasatuna Jurnal Ilmiyah Mahasiswa Siyasah Syariyyah is a journal that publishes works with lecturers and students from the results of research carried out to complete an undergraduate thesis. Islamic Constitutional Law Islamic International Law Islamic law Islamic ...