JUSTICE PRINCIPLES IN SYUF’AH RIGHTS TOWARDS LAND COMMERCE ACCORDING TO ISLAMIC CONCEPT IN ACEH

Abstract

Aceh province is densely packed with Islamic culture and beliefs, particularly those concerning the selling and acquisition of land. There are provisions for Shuf'ah rights in the buying and selling of land under Aceh customary law. One of the customary rights in Aceh is the right of Syuf’ah, which is a particular rule that applies in the sale and purchase of land and its usage and emphasizes noble values, one of which is the value of justice. In Aceh Province, the practice of buying and selling land related to Langgeh Rights (Syuf’ah) is still not going well, because there are no specific provisions governing the implementation of Langgeh Rights (Syuf’ah). Furthermore, two legal provisions control dispute resolution: Qanun No. 10 of 2002 concerning Islamic Sharia Courts and Law No. 44 of 1999 concerning the Implementation of Aceh's Privileges. This adds to the legal uncertainties surrounding the settlement of Langgeh Rights (Syuf’ah). A normative legal method was applied in this study. The purpose of this research was to determine the application of the justice principle in the Langgeh Rights (Syuf’ah) and the resolution of Langgeh Rights (Syuf’ah) conflicts in the buying and selling of land in Aceh.

Keywords: Principles of Justice; Shuf'ah rights; Buying and Selling Land