The Development of “Waqf” on the “Ulayat” Lands in West Sumatera, Indonesia

Abstract

The Article 3 of the Agrarian Laws consists of the regulation about one aspect of the most important communal rights related to the scope of life, namely the "ulayat" rights. These laws themselves, do not define the meaning of the "ulayat" lands. Therefore, the admission of the existence of the "ulayat" rights included in the Article 3 of the Agrarian Laws still considered as the ambivalent by the consideration of the policy board. The absence of the deep concepts on the "ulayat" lands in the agrarian laws, affected the establishment of the other regulation, in this case, called the "waqf" regulation. By the entire series of the "waqf" regulations, there are not Articles cite that the land object along with the "ulayat" right can pass into the "waqf" land. Therefore, it needed the study about the development of the "ulayat" institution of society in West Sumatera, that becomes the transformation and the interaction processes among the culture and tradition of Minang Kabau based on the Islamic aspects. Moreover, as the enthusiasm of the "waqf" development to become the social welfare. Therefore, the "waqf" and the "ulayat" lands in West Sumatera are the assets of the local communities to take care of them continually and expands the "waqf" properties to aim the future social welfare.

Waqf Land Certification Postponement for Place of Worship Due to the Obscurity of the Toll Road Expansion Project (Re-overview of Gustav Radbruch's Three Basic Legal Values Theory)

“…The land waqf, which was generally intended for the construction of mosques or places of worship, was still unclear regarding its registration with the National Land Agency. 21 This was closely related to the legal awareness of the community to certify waqf land. 22 Umi Supraptiningsih (2012) stated that providing legal certainty for waqf land is an effort to perpetuate the benefits of land for the public interest.…”

Performance Analysis of Waqf Institution Using Balanced Scorecard Analysis: Case Study at Laznas Yatim Mandiri

“…However, waqf asset utilization is still not optimal since the idle waqf land is dominant 3 The low productivity of waqf assets is because waqf management is still dominated by the traditional method 4 . This is due to the manager of the waqf fund, or nazhir having low capacity and skill in utilizing waqf assets.…”