Al-Risalah : Jurnal Imu Syariah dan Hukum
VOLUME 25 NO 2, NOPEMBER (2025)

Legal Authority of Religious Courts in Annulment of Land Sale Deeds in Indonesia: Jurisdictional Overlaps and Legal Implications

Hayaza, Maria (Unknown)
Idrus, Muammar Alay (Unknown)
Kholidi, M. (Unknown)



Article Info

Publish Date
14 Aug 2025

Abstract

The Religious Court (Pengadilan Agama) and the District Court (Pengadilan Negeri) exercise distinct jurisdictions in civil matters, yet jurisdictional ambiguity often arises in cases involving sale and purchase deeds. In Indonesian civil law, such deeds are crucial legal instruments serving as definitive proof of the transfer of ownership rights. The core legal controversy lies in whether the Religious Court possesses the authority to annul sale and purchase deeds—a matter traditionally under the District Court’s jurisdiction. This study critically examines the authority of the Religious Court in such annulments and the ensuing legal consequences. Employing a normative juridical method with a descriptive-analytical and case approach, the research reveals that while annulment should formally fall under the District Court, the Religious Court may adjudicate when the parties are Muslims. Such annulments carry significant implications, including the restitution of land rights to the aggrieved party and the potential for compensation claims.

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Journal Info

Abbrev

al_risalah

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

The journal Al-Risalah contains works whose material focuses on the results of research and thoughts related to the development of scientific disciplines, both sharia and legal disciplines in general. Also works covering thoughts that integrate religious disciplines (sharia) and legal disciplines in ...