JOINT OWNERSHIP OF LAND: ISSUES AND SOLUTIONS ACCORDING TO THE NATIONAL LAND CODE 1965 AND ISLAMIC LAW

Joint ownership of land refers to the ownership of land by two or more individuals or entities in undivided shares, known as co-ownership under the National Land Code 1965. This form of ownership can potentially hinder efforts to develop or utilize the land. Therefore, this study aimed to identify related issues and propose appropriate solutions based on the National Land Code 1965 and Islamic law. This qualitative study employed a content analysis design and data as well as information were collected through document analysis, which were then analysed descriptively. Findings indicate various issues in relation to joint ownership of land, including the negative attitude of owners, sale of individual land share or portion by co-owners, partial land acquisition, quit rent (land tax) payments, inheritance distribution, and limited freedom to develop the land. Therefore, this study proposed several solutions including selling or leasing the land, partitioning the land, utilizing the takharuj (partner buyout) or muafakat (mutual agreement) methods, and incorporating the al-Syufah concept into the National Land Code 1965.