Utilizing Illegal Land in the Perspective of Indonesia Land Law and Islamic Law

Abstract

Illegal Land Use in Perspective of Land Law and Islamic Law. The issue to be discussed in this research is how to regulate illegal land use in terms of criminal law and how the law regarding illegal land use is viewed from Islamic criminal law. The research method used in this paper is a normative juridical method that originates from a literature study. Arrangements for illegal land use are regulated in statutory provisions, including Perpu Law No. 51 of 1960, which reads that it is prohibited to use the land without a valid permit or proxy and can be subject to a principal criminal penalty in the form of imprisonment for a maximum of 3 (three) months and/or a fine of up to Rp. 5,000. In the perspective of jinayah fiqh, agrarian regulations were not found. However, it can be explained using the conceptMaqa>sid as-Shari'ah (the purpose of establishing Islamic law). There are also regulations regarding human welfare, namely taking advantage, rejecting harm and eliminating trouble.