Buying And Selling Of Cultural Heritage Objects In Terms Of Positive Law And Muamalah Jurisprudence

Abstract

Indonesia is a country rich in cultural heritage which is a cultural heritage. One of the areas rich in cultural heritage is the Tulungagung area, BPCB East Java mentions 1,912 cultural heritage objects in Tulungagung, but there are still many people who are less aware of the sense of nationalism towards cultural heritage, characterized by the frequent buying and selling of cultural heritage. Previous research states that the level of management and preservation of culture is the obligation of local governments (Khalid Rosyadi, 2014). This research aims to see the implementation of Law No. 11 of 2010 and Fikih Muamalah on the sale and purchase of cultural heritage that occurs in Tulungagung. The method used in this research is qualitative method. Based on the results obtained that the sale and purchase of cultural heritage analyzed by Law No. 11 of 2010 is not justified on the grounds that it is prohibited to transfer ownership without the authorization of the government as well as Fikih Muamalah this sale and purchase is not valid in its terms and conditions on the grounds that cultural heritage is not someone's property but goods controlled by the State.