Strengthening Sharia Elements; Syuf’ah or Langgeh Rights in Land Buying and Selling Transactions in Aceh

Abstract

This article describes the strengthening of sharia elements (Syuf'ah) in buying and selling land in Aceh. The implementation of Islamic law in Aceh is not only in the field of worship, it also includes the field of muamalah, namely buying and selling land. In Acehnese customary law, syuf'ah rights are known as langgeh rights. In the decision of the Supreme Court of the Republic of Indonesia dated March 31 1977 No. 298 K/Sip./1973 explains that langgeh rights are rights in customary law that give priority over other people to buy land, which is given to relatives, Segampong/village communities and neighboring land owners. If the sale and purchase of land is not carried out based on priority rights, the aggrieved party can sue for the cancellation of the validity of the sale and purchase to the Gampong Court. This article uses normative research methods, in the form of secondary data analyzed using qualitative methods. The results of research that has been carried out by several previous researchers, there is a dispute in the sale and purchase of land in Aceh which does not apply Syuf'ah rights or langgeh rights. Strengthening the Syari'ah elements of Syuf'ah or langgeh rights in the sale and purchase of land in Aceh is regulated in Qanun Muamalah and is applied in land buying and selling transactions in Aceh. The importance of strengthening the elements of syari'ah syuf'ah or langgeh rights is to prevent disputes or cancellation of land sales and purchases in Acehnese society.