REFORMASI HUKUM WAKAF DI INDONESIA Studi terhadap Wakaf Hak Atas Kekayaan Intelektual

Abstract

Article 16 paragraph (3) of the Act No. 41 of 2004 on Waqf, describes the permissibility of movable properties as a waqfobject. One of them is the Intellectual Property Rights (IPR). The provision is clarified by Government Reg ulation No. 42 of 2006, which explains that the waqfobject of movable properties can be divided into two, namely waqfwith movable properties other than money, and the form of cash waqf ( waqf with money). The IPR is a kind of the first one. This provisions different from the provisions of Islamic jurisprudence which explains that the waqf object must be unmovable properties. This research will further explain the provisions of the law and the philosophical foundations of the permissibility of IPR ass the object of waqf in this modern era. This discussion aims to create a new formulation of the provisions of waqf with the normative approach to the research resources, such as Law no. 41 of 2004 on Waqf, government regulations, and related regulations a s well as the books of fiqh and uṣūl al-fiqh. The results of this study presents the epistemolo gical and methodological foundation of Intellectual Property Rights (IPR) waqf.

Keywords

• wakaf
• Hukum Islam
• HAKI
• UU No. 41 Tahun 2004