Jurnal Ius Constituendum (Apr 2017)
KEDUDUKAN HUKUM PENGAMBILALIHAN TANAH WAKAF YANG BATAL DEMI HUKUM UNTUK DIBAGIKAN SEBAGAI HARTA WARISAN DALAM KAJIAN UNDANG-UNDANG NO. 41 TAHUN 2004 TENTANG WAKAF
Abstract
ABSTRACT Wakaf is legal act of a person or legal entity that separates part of the property in the form of land property and institutionalize it forever for the sake of worship or other public purposes in accordance with the teachings of Islam. The purpose of this study is: To understand the process of the acquisition of wakaf land which is canceled by law for being shared as heritage and the legal status of wakaf land acquisition which is canceled by law for being shared as heritage in accordance with Act No. 41 Year 2004 about wakaf. The research methodology used in this study is juridical normative approach, with specification of analytic descriptive. The sources of the research are derived from the primary and secondary law materials with the technique of collection through the literature and library research. The method of data presentation is descriptive, the method of analyzing the law materals is done by using qualitative analysis. The results of the research show that: 1) The process of acquisition of wakaf land that is canceled by law for being shared as inheritance is carried out by Semarang Religious Court by determining the joint property of wakif and the wakif‟s wife, then set half of the joint property is the wakif part which has not been shared and stated the heirs and their parts according to the provision of Islamic inheritance. This is in accordance with Article 97 of the Compilation of Islamic Law which states that the wakif (widower) should be given half of the common property as long as it is not specified otherwise in the marriage agreement. 2) Legal status of the acquisition of wakaf land which is canceled by law for being shared as inheritance based on Act No. 41 Year 2004 about wakaf, In principle, Act No.41 Year 2004 affirms that wakif‟s land that has been shared can not be canceled, but of course the principle of law certainty must synergize with the value of fairness to the perpetrator or heirs. This is where the role of the judges are required to provide fair justice if found wakaf case.
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