Legal Protection for Holders of Rights to Wakaf Land in the Transfer of Wakaf Land Unlawfully in the City of Klaten

Abstract

The purpose of waqf is to provide a place of worship and improve public welfare. This goal is often hampered by the unlawful transfer of waqf rights to properties not intended for waqf purposes. This frequently occurs when waqf assets are land, primarily in the city of Klaten.The approach method used in this paper is a sociological juridical approach. Based on the research conducted, it is known thatlegal regulations related to the protection of waqf land rights in cases of waqf land transfer rights in Klaten City in the form of threats of criminal sanctions, administrative sanctions, supervision, and prohibitions on unlawful transfer of waqf land have been regulated in the Republic of Indonesia Law Number 41 of 2004 concerning Waqf, Government Regulation Number 28 of 1977 concerning Waqf of Land Ownership, Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law, and Government Regulation of the Republic of Indonesia Number 25 of 2018 concerning Amendments to Government Regulation Number 42 of 2006 concerning Implementation of Law Number 41 of 2004 concerning Waqf. The obstacles that cause the unlawful transfer of waqf land rights consist of substantive obstacles in the form of not yet clearly regulated elements of the transfer of waqf land rights, the absence of a system of supervision of parties with bad intentions who are the perpetrators of the unlawful transfer of waqf land rights, supervision is only carried out on waqf management bureaucrats. Legal structural constraints in the form of a waqf supervisory structure involving BWI and the Ministry of Religion (KUA) often do not function optimally due to limited resources and authority.