Analysis of Public Cemetery Waqf Land Handover (Ruilslag) With Third Parties (Case Study Of Decision Number 279/Pdt.G/2017/ Pa.Clg)
- DOI
- 10.2991/assehr.k.201209.121How to use a DOI?
- Keywords
- Waqf, waqf land handoverd, ruilslag
- Abstract
In wakaf legislation on objects that have been represented cannot be made a transition / change. Prohibition of transition or change in the transition of waqf is very strictly regulated in Article 40 of Law Number 41 of 2004, the provisions referred to in Article 40 letter f are excluded if the waqf property that has been represented is used for public use in accordance with the General Spatial Plan (RUTR) based on the provisions of the applicable laws and regulations and are not in conflict with sharia. Changes in the status of owned land that has been represented on public cemetery waqf land located in Citangkil District over ruilslag with PT Krakatau Steel raises a problem found in the making of AIW by appointing a new Wakif and Nadzir. The purpose of this study is to find out how the ruilslag process is regulated in the laws and regulations on waqf land, as well as the judges’ consideration in the decision of the case. Types of legal writing use normative juridical, using descriptive nature, types and data collection techniques with secondary data consisting of primary, secondary and tertiary legal materials. The approach taken with the law approach. The data analysis technique used is deductive technique. Ruilslag that occurred on public cemetery waqf land with PT Kratau Steel which functioned as a factory expansion project, in the process there was a lack of care in its implementation. The waqf is still valid in the eyes of Allah S.W.T because of the fulfillment of the pillars of waqf. However, the registration process of the Waqf Pledge Deed was not in accordance with the applicable laws and regulations, and Nadzir’s misappropriation of his management. Judge’s decision to reject the claim for; Cancel the Pledge of Endowment Pledge; Revoke the Endowment Certificate, and revoke the management of the Wakif and Nadzir in the Balung Grave Foundation, as well as the appeal decision that reinforces the previous decision, not in accordance with the procedures for implementing the waqf ruilslag and the making of AIW before PPAIW in the regulation of Law Number 41 of 2004 concerning Waqf jo. implementation of Government Regulation Number 25 of 2018 concerning Amendments to Government Regulation Number 42 of 2006 concerning Implementation of Law Number 41 of 2004 concerning Endowments. Suggestions for writing are expected to be used as deeper knowledge for those who read them.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Hanafi Tanawijaya AU - Deviana Agustin PY - 2020 DA - 2020/12/12 TI - Analysis of Public Cemetery Waqf Land Handover (Ruilslag) With Third Parties (Case Study Of Decision Number 279/Pdt.G/2017/ Pa.Clg) BT - Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020) PB - Atlantis Press SP - 766 EP - 772 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.201209.121 DO - 10.2991/assehr.k.201209.121 ID - Tanawijaya2020 ER -