Analysis of Waqf Land Legalization

Abstract

This study aims to determine the number and reasons for non-certified waqf assets in the city of Bandung and to find out the legal standing and legal consequences for land and buildings that are not certified. The research method used is a qualitative research method with a normative juridical approach using literature studies with related literature accompanied by interviews with waqf managers in the city of Bandung. The results of this study are various obstacles in managing certification, among others, because land ownership documents are lost, there is no certificate of waqf or waqf pledges that have passed away, making it difficult to access the heirs in handling the legality of waqf assets, so that the land and buildings have no legal certainty and loss of legal protection aspects in the event of various problems in the future.

Nazhir Legal Aspects of Cash WAQF in Indonesia in the 4.0 Era

“…Although waqf has been practiced for quite a long time and plays an important role as an Islamic public finance institution with a high potential income for the state and ummah, however in reality waqf has not been carried out optimally and functioned optimally even already have legal guarantee through a the enactment of the Waqf Law in 2004. [3] According to Budiman, as quoted by Rozalinda, several causes that make waqf ineffective include human resources, especially on the management side (nazhir), and another cause is the weak accountability of the waqf institution. Therefore, in order to maintain and preserve the benefits of waqf property, the existence of nazhir waqf is needed and even occupies a central role, because on the shoulders of nazhir it is the responsibility and obligation to maintain, maintain and develop waqf assets, and distribute the results to mauquf alaih [4].…”