The juridical review of fluctuations land lease prices of the pendem system in Kesilir village Banyuwangi

Widayanti, Veny, Rofiq, Mahbub Ainur ORCID: https://orcid.org/0000-0002-9230-767X and Hasibuan, Lempang (2022) The juridical review of fluctuations land lease prices of the pendem system in Kesilir village Banyuwangi. YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam, 13 (2). pp. 231-246. ISSN 1907-7262

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Abstract

The pendem system is a land lease with a period of more than two consecutive years with depreciation payments, in the first year the rental price is normal, then for the next year, there is a depreciation of rental costs. Payment of rental fees can be made at the beginning, in the middle, or at the end of the rental period according to the agreement of the parties. however, there is an additional rental fee in the payment in the middle or at the end of the rental period which was not stated at the beginning of the agreement. The purpose of this study is to find out the legal validity of land leases with a pendem system based on Islamic law and the Indonesian Civil Code. This research is field research with a sociological juridical approach. The primary data were obtained from interviews with the parties, while the secondary data was obtained from books and journals that discussed land renting. The results of this study indicate that the terms of ijarah related to the clarity of the rental fee have not been fulfilled, because there are additional costs for payments in the middle or at the end of the lease period that were not stated at the beginning of the agreement. The addition contains an element of usury nasi'ah, which is an addition that is mentioned in the agreement for the exchange of goods in exchange for the delay in payment. The existence of these additional fees makes the transaction law invalid.

Item Type:	Journal Article
Keywords:	Islamic law; Indonesian Civil Code; Land Lease Agreement; Pendem system
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation 18 LAW AND LEGAL STUDIES > 1801 Law
Divisions:	Faculty of Sharia and Law > Department of Sharia Business Law
Depositing User:	Mahbub Ainur Rofiq
Date Deposited:	07 Aug 2023 10:20

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