LEGALITAS PERWAKAFAAN TANAH HAK MILIK MASYARAKAT

(Study Kasus Di Kabupaten Boyolali)

Abstrak

The study aimed at investigating the legality of endowment land (waqf) of
community property rights in Boyolali subdistrict of Boyolali Regency and the
problems that arise in the implementation of endowment land of community
property rights in Boyolali subdistrict of Boyolali Regency.
This was a qualitative research employing field research and library
research. Field research was employed to obtain accurate and objective data, facts,
and information concerning problems of endowment land certification in Boyolali
subdistrict of Boyolali Regency. Conceptual approach and doctrin that develops in
Islamic law were employed to construct legal argumentation to solve legal issues
faced. Techniques of collecting data were documentation and interview.
Descriptive analysis was used to analize the data. After the data were obtained,
they were classified, processed, analized, and drawn conclusion. The sources
employed in the research were books and the laws inforced in Indonesia.
Moreover, data source was obtained from the results of interviews with related
parties.
Registration of endowment land in Boyolali subdistrict started with
making certificate of endowment pledge (AIW). The legality of endowment land
implementation in Boyolali regency was legal in fiqh although it was not
considered legal according to positive law inforced in Indonesia because the
registration of it had not been completed which resulted in suspension of legal
force. The problems of the endowment land in Boyolali subdistrict of Boyolali
Regency were affected by several factors, such as: the indifference of few
endowment managers (Nadzir) about the importance of endowment land legality,
the cost spent, the difficulty in the endowment land registration process which did
not have certificate of ownership and the endowment land fraction, lack of
transparency from the National Land Agency (BPN) about the registration of
endowment land, and the belief of the head of the religious affairs office
(KUA/PPAIW)that only endowment manager (Nadzir) was obliged to register
endowment land (waqf) at the National Land Agency.
Key words: legality , endowment land (waqf), positive law