PEMBERDAYAAN TANAH WAKAF YANG DIKELOLA YAYASAN BERDASARKAN NILAI KEADILAN

Penulis

  • Sutrisno Sutrisno Advokat Demak

DOI:

https://doi.org/10.26532/jph.v4i1.1655

Kata Kunci:

Land of Endowments, Foundation, Values of Justice

Abstrak

Wakaf was originally done by oral means intended for worship activities such as mosques,
mosques, madrassas or tombs. The existence of such representation has been running since the
entry of Islam in the Nusantara. After Indonesia’s independence, the rules on the procedure of
regulation began to be arranged as proven by the issuance of Government Regulation Number
28 Year 1977 regarding Ownership of Land Ownership. The provisions in this regulation govern
the representation of the land as well as procedures and procedures written endowments poured
in the Deed of Pledge Wakaf. Then followed by the issuance of Presidential Instruction No. 1
of 1991 on the Compilation of Islamic Law which regulates the wakaf of moving goods or not
moving. The research approach used in this research is sociological legal method or socio-legal
research approach. The result of research indicates that one of the causes of empowerment of
waqf land managed by foundations is not based on the value of justice due to the low level of
human resources and professionalism of individual Nadzir in the management of wakaf land at
this time get less attention and also special coaching from BWI and Kemenag. So that the number
of unproductive, abandoned and even lost wakaf land and one weakness of empowerment of
wakaf land managed by the foundation now is Nadzir, Waqf Board of Indonesia and Ministry of
Religious Affairs have little active role in carrying out their respective duties as specified in the
Laws and Regulations, Invite waqf.

Referensi

Abdul Gani Abdullah, 1992, “Editorial Tentang Perwakafan†dalam Mimbar Hukum Nomor

Tahun III, Al-Hikmah dan Ditbinbapera, Jakarta

Asaf A.A Fyzee, 1966, Pokok-Pokok Hukum Islam, terj.Arifin Bey M,A., Cet.2, Tinta Mas,

Jakarta;

Boedi Harsono, 1999, Hukum Agraria Indonesia, Sejarah Pembentukan UUPA, Isi, dan

Pelaksanaan, Djambatan, Jakarta

Rachmadi Usman, 2009, Hukum Perwakafan Di Indonesia, Sinar Grafika, Jakarta;

Ronny Hannitijo Soemitro, 1990, Metodologi Penelitian Hukum dan Jurumetri, Ghalia

Indonesia, Jakarta;

Unduhan

Diterbitkan

2017-04-15

Terbitan

Vol 4 No 1 (2017): Jurnal Pembaharuan Hukum

Bagian

Articles

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