Penyelesaian Sengketa Tanah Wakaf Di Pengadilan Agama Bengkalis Dihubungkan Dengan Asas Kepastian Hukum (studi Putusan Nomor 349/pdt.g/2013/pa.bkls)

Lubis, Zamzam (2018) Penyelesaian Sengketa Tanah Wakaf Di Pengadilan Agama Bengkalis Dihubungkan Dengan Asas Kepastian Hukum (studi Putusan Nomor 349/pdt.g/2013/pa.bkls). Masters thesis, Universitas Islam Riau.

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Abstract

Waqf is a wakif legal act to separate and or to give up some of his possessions to be used forever or for a certain period in accordance with his interests for the purposes of worship and or general welfare according to the Shari'ah. The main problem in this research is how is the settlement of land dispute of wakaf in Bengkalis Religious Court (Study of Decision Number 349 / Pdt.G / 2013 / PA.Bkls) seen from the perspective of Law Number 41 Year 2004 About Wakaf and what are the constraints in the settlement of land dispute of wakaf in Bengkalis Religious Court. Research method used is Observational Research by survey, that is interview as data collecting tool. In this study the authors conducted a direct study on the location of research to obtain materials, data and information related to this research. The nature of the research, this research is analytical descriptive, that is giving a clear and detailed description of the occurrence of Settlement of Land Dispute Wakaf In Bengkalis Religion Court Connected With the Principle of Legal Certainty (Study of Decision Number 349 / Pdt.G / 2013 / PA.Bkls) . From the research results can be concluded, Settlement of land dispute of wakaf in Bengkalis Religious Court (Study of Decision Number 349 / Pdt.G / 2013 / PA.Bkls) seen from the perspective of Law Number 41 Year 2004 About Wakaf namely the legal basis of judges in deciding cases 349 / Pdt.G / 2013 / PA.Bkls ie by looking at the truth of the legal ownership of the land that became the object of the dispute, the existence of an engineering done Head of Religious Affairs Office of Siak Regency against nazhir, the Judge declared null and void, while in this case also does not meet the provisions contained in Article 35 of Government Regulation No. 42 of 2006 on Implementation of Law No. 41 of 2004 on Wakaf is about the procedure of making the Deed of Substitute Deed of Wakaf Deed. As a result of the non-fulfillment of the terms and causes of the Deed of Substituting the Deed of Wakaf Pledge, the issuance of the Deed of Substitution of Deed of Wakaf Pledge made by Defendant II becomes invalid and null and void because wakaf is also a practice regulated by law and constraints. obstacles in the settlement of land dispute wakaf that is not yet good understanding of the meaning of the teachings of immortality wakaf (conventional / traditional), constraints associated or viewed in terms of wakif, constraints associated with sertificate land penyahikikatan, constraints in terms of ability of quality human resources Nadzir still low , constraints in terms of parties that are in the administration itself mainly from the Land Office and the constraints in terms of public awareness.

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