Analisis Faktor-Faktor Yang Melatar Belakangi Tanah Wakaf Tidak Didaftarkan Ke Badan Pertanahan Nasional (Sertifikasi Tanah Wakaf) Ditinjau Menurut UU No.41 Tahun 2004 Tentang Wakaf (Studi Kasus Di Tembilahan)

Audrey, Via Afriska (2022) Analisis Faktor-Faktor Yang Melatar Belakangi Tanah Wakaf Tidak Didaftarkan Ke Badan Pertanahan Nasional (Sertifikasi Tanah Wakaf) Ditinjau Menurut UU No.41 Tahun 2004 Tentang Wakaf (Studi Kasus Di Tembilahan). Other thesis, Universitas Islam Riau.

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Abstract

As other Islamic religious institutions, the role of waqf is no less important in influencing poverty and the economic development of Muslims. The practice of waqf that occurs in Indonesia is almost all carried out according to the Islamic religion and the traditions of their respective communities. At the present time the practice of waqf of land and other movable objects without using procedures or regulations that have been regulated by the government such as in terms of land registration or certification procedures. Waqf land registration is held with the aim of protecting the land registration of the waqif, heirs and institutions that are given and protecting the sustainability of the waqf object itself. Apart from being a strong means of proof, certificates also provide legal certainty that cannot be contested, so that people do not need to worry anymore if at any time there is a dispute while the waqf land already has evidence in the form of a certificate. So that in this thesis research, the following problem formulation arises: How is the process of certifying waqf land in Tembilahan sub-district and what are the factors behind the existence of uncertified waqf land in Tembilahan District and the factors? What is the legal power of waqf land without a certificate? Seeing this, of course, the objectives to be achieved in this research are: 1. To find out the process of the Tembilahan District community donating land, 2. To reveal and analyze the factors or obstacles in the process of certifying waqf land in Tembilahan District, 3. To find out the strengths waqf land law without a certificate according to the regulations that have been promulgated. This research is classified into normative-empirical research. By its nature, this research is included in the descriptive category which aims to find out the opinion of the community about the procedure for waqf land and the factors behind the uncertified waqf land. Collecting data by means of interviews and documentation. The results of this study indicate that: 1. Land waqf procedures in Tembilahan District still follow a strong religious tradition in which they trust people who are given the mandate of waqf more than the existing formal law. 2. There are several factors behind the uncertified waqf land, among which the most common are: lack of understanding of Nazhir about the procedure for certifying waqf land, the high cost of certification, there is no legal certainty for waqf land that does not have the administrative requirements that have been regulated by the government. Law No. 41 of 2004 and its implementing regulations in PP. 42 of 2006 in particular have a certificate. So that the waqf land can be used according to the purpose of the waqf and can be developed.

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