Proceedings of the 1st International Conference on Social Environment Diversity (ICOSEND 2024)

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Analysis Of Overlapping Land Cases: A Comparative Study According to Positive Law and Islamic Law

Authors
Yiyin Arum Puspitasari1, *, Achmad Miftah Farid1
1Faculty of Law, Muhammadiyah Surakarta University, Surakarta , Indonesia
*Corresponding author.
Corresponding Author
Yiyin Arum Puspitasari
Available Online 28 February 2025.
DOI
10.2991/978-2-38476-366-5_75How to use a DOI?
Keywords
Certificates; Disputes; Overlapping Land
Abstract

This study discusses a comparative study according to positive law and Islamic law in cases of overlapping land. This type of research is normative research, the approach method in this study uses a legislative approach, Data sources come from primary data and secondary data, The data collection method used is documentary research. The results of this study are the mechanisms and steps in resolving two methods, namely by administrative efforts and court efforts. In these two efforts, there are steps that can be taken in resolving disputes, where these steps are carried out through legal procedures, mediation, and deliberation. There needs to be legal protection to resolve these problems. In deciding overlapping land disputes in Decision No.1/G/2021. SMG there are several considerations in resolving disputes, the judge considers several aspects regarding legality, validity of documents, field facts, reasons for canceling certificates and considerations of formal law and material law. From an Islamic legal perspective, land ownership rights are regulated by sharia principles which have important moral and social values. In Islam, ownership is considered a mandate from Allah.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 1st International Conference on Social Environment Diversity (ICOSEND 2024)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
28 February 2025
ISBN
978-2-38476-366-5
ISSN
2352-5398
DOI
10.2991/978-2-38476-366-5_75How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Yiyin Arum Puspitasari
AU  - Achmad Miftah Farid
PY  - 2025
DA  - 2025/02/28
TI  - Analysis Of Overlapping Land Cases: A Comparative Study According to Positive Law and Islamic Law
BT  - Proceedings of the 1st International Conference on Social Environment Diversity (ICOSEND 2024)
PB  - Atlantis Press
SP  - 747
EP  - 755
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-366-5_75
DO  - 10.2991/978-2-38476-366-5_75
ID  - Puspitasari2025
ER  -