Eksistensi Unsur-unsur Hukum Islam dan Hukum Adat dalam Perjanjian Jual Beli : Studi Analisis Budaya Hukum Masyarakat Aceh

Abstract

The Holy Quran Chapter 5 (Al-Maidah) verse 1 implies contract provision in a sale agreement. Contract (Akad) is an agreement between offer (Ijab) and acceptance (Kabul) by way of Sharia, which determines legal consequences to the object of contract. Akad comprises of two elements, firstly is doing through ijab and kabul; secondly is by way of Sharia or according to the will of Islamic law. In proprietary and land sales transactions, people of Lhokseumawe City and Central Aceh Regency are based on all three legal system, namely Islamic contract law, customary contract law, and Western civil law. The elements of Islamic and customary law as Aceh society's legal culture are extant in proprietary and land sales transactions, such as ijab and kabul, hak langgeh (privilege rights of neighbours), jual terang, cash and silaturrahmi (hospitality). However, the people of Lhokseumawe City and Central Aceh Regency that majority are Muslims are still combining the three systems in practicing the proprietary and land sales transactions. This research is aimed to analyze the concept of sales law in Aceh; factors that influence the execution of sales contract by Islamic and customary law; and to review the significance of Islamic, customary, and Western civil law application in harmony. This study was conducted in order to analyze all those questions in prescriptive analysis method and normative and socio legal approach. The sites of study were in Lhokseumawe City and Central Aceh Regency, where Banda Sakti District, Muara Dua District, and Bebesen District as sampling areas, with targeted institutions relevant to research variables. 19 informants had been interviewed and 100 questioners had been distributed to get the primary data. Primary data was collected by questionnaires, interview list, and document review. Secondary data was gathered through literatures review. The data was analyzed by qualitative method. The research shows that: Firstly, the society of Lhokseumawe City and Central Aceh Regency combines all three legal systems in doing proprietary and land sales transactions, which are Islamic, customary, and Western civil law. On one hand, the majority of Acehnese who are Muslims, still keep up to Islamic and Customary law as primary guidance law. If the contract is conducted under Islamic law, the legal basis would be principles and requirements that regulated in Islamic and customary law. On the other hand, the Acehnese also combines the practices with National (Western) Civil Law.