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PERLINDUNGAN NADZIR BADAN HUKUM ATAS KONVERSI ASET WAKAF CACAT MENJADI HAK GUNA BANGUNAN: STUDI PUTUSAN NO. 1787/PDT.G/2024/PA. SBY
This research is motivated by the increasing number of waqf asset disputes arising from past administrative weaknesses, particularly regarding land ownership status that is inconsistent with national agrarian law. The main issue in this research focuses on case No. 1787/Pdt.G/2024/PA.Sby, a dispute between the heirs and the legal entity Nadzir over land that had been developed into a productive asset. The legal issue arose when it was discovered that the disputed object was state land, thus declaring the waqf pledge made by the waqif legally invalid due to the failure to meet the requirements for absolute ownership (al-tamlik qabla al-tabarru'). This situation forced the Nadzir to convert the land title to a Building Use Right (HGB) in an effort to protect the asset from the heirs' claims. The research method used is normative juridical, using a case study approach and a statute approach. The research data is sourced from court decisions, laws and regulations, and related literature. The theoretical framework proposed in this thesis includes the Legal Certainty Theory to analyze the evidentiary power of certificates, the Legal Protection Theory to examine the legal status of Nadzir (legal entity), and the Legal Benefit Theory (Maslahah) to evaluate the judge's considerations in maintaining the sustainability of productive assets for the benefit of the wider community. The results of the study indicate that shifting the legal status of Nadzir from waqf manager to HGB holder is a legally valid risk mitigation measure to obtain legal certainty over state land. The Panel of Judges in its decision rejected all claims by the heirs, considering that the legal certainty offered by the HGB certificate must be prioritized to resolve historical disputes. Furthermore, the judges applied legal protection to Nadzir (legal entity) based on the principle of benefit, considering that the assets have made a real contribution to the welfare of the community through productive business units and social facilities. Thus, HGB conversion is an effective asset preservation instrument for Nadzir in the face of the administrative invalidity of waqf pledges.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103040080 Meuthia Rahma Adzhikra
PERLINDUNGAN NADZIR BADAN HUKUM ATAS KONVERSI ASET WAKAF CACAT MENJADI HAK GUNA BANGUNAN: STUDI PUTUSAN NO. 1787/PDT.G/2024/PA. SBY (Text)
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