IMPLEMENTASI HUKUM ISLAM DALAM PENYELESAIAN SENGKETA AKSES JALAN DI ATAS TANAH HAK MILIK (Studi Sengketa Akses Jalan di Kecamatan Mlarak, Kabupaten Ponorogo)

RIFQIAN IZZA ZAINI, 20293520 (2024) IMPLEMENTASI HUKUM ISLAM DALAM PENYELESAIAN SENGKETA AKSES JALAN DI ATAS TANAH HAK MILIK (Studi Sengketa Akses Jalan di Kecamatan Mlarak, Kabupaten Ponorogo). Diploma thesis, Sekolah Tinggi Pertanahan NAsional.

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Abstract

The need for land today has brought many issues in various fields. Land in the land concept itself is a limited entity with demand that always increases every time. The increasing need for land for its use as a settlement also increases the need for road access. However, on the other hand, there are also land disputes which are also related to road access due to the non-fulfillment of this infrastructure by certain parties. Also fulfilling the availability of full road access is related to existing legal provisions. One of the laws that exist in society is Islamic law with the condition that the majority of the Indonesian population is Muslim. This research discusses the concept of resolving road access disputes through mediation in the community in Jabung Village, Mlarak District, Ponorogo Regency when viewed from the perspective of Islamic law regarding peace/ishlah. This research also discusses the relationship between national law and Islamic law according to the concept of Tri Religious Harmony. The results of this research show that there is an application of Islamic law regarding ishlah in mediation through contextual simplification in the principle of ishlah itself with the final result being compensation for operational costs for building road access barrier walls. And the existence of the concept of Tri Religious Harmony ultimately contributes to fulfilling the peace aspect in resolving this dispute. The conclusion of this research is that Islamic law that lives in society is contextual law. Where the implementation is through simplification and broad delivery. Also, the application of Islamic law in resolving this dispute also incorporates the concept of customary/social law in resolving this dispute. Keywords: land dispute, road access, mediation, ishlah

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