TINJAUAN YURIDIS TERHADAP TANAH WAKAF UNTUK KEPENTINGAN TEMPAT IBADAH (Studi Putusan Pengadilan Agama Nomor 460/Pdt.G/2015/PA.Skg.)

Duta Paku Rakhman, NIM.: 16340061 (2021) TINJAUAN YURIDIS TERHADAP TANAH WAKAF UNTUK KEPENTINGAN TEMPAT IBADAH (Studi Putusan Pengadilan Agama Nomor 460/Pdt.G/2015/PA.Skg.). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The implementation of waqf law in Indonesia was originally still very simple, not accompanied by administration, it was enough to make a verbal pledge (statement). The management and maintenance of the waqf land is then handed over to the nadzir. Because it is not administratively recorded, many waqf lands are lost and many are disputed in court. The cause of this land waqf dispute is because there are still many waqf lands that are not followed up by certifying the land. In addition, there are many problems where the heirs of the wakif ask for the return of the land that has been waqf for reasons that have no end for personal interests. The problems studied in this study are regarding the legal protection of land given orally, and how the judge's decision on the waqf issue is, in this case the authors are interested in conducting research on the Sengkang Religious Court Decision Number 460/Pdt.G/2015/PA. Skg. Because how is the legal protection for this land object, and how is the Judge's Decision in deciding this case. In this study, the author uses qualitative research using a normative juridical approach. The data sources for this research are (a) Documents in the form of the Sengkang Religious Court Decision Number 460/Pdt.G/2015/PA.Skg. (b) Literature study of books and scientific articles on land waqf. (c) Interview with Mr. Titis Budi R, S.H., as Notary PPAT Sleman, Yogyakarta. (d) Interview with Mr. H. Sakijan, S.Ag., as the Head of KUA and PPAIW Berbah Yogyakarta. The results of the study indicate that the withdrawal of waqf land can be carried out if in the implementation of waqf it does not meet the requirements and pillars of waqf as stated in Article 6 of Law Number 41 of 2004 concerning Waqf. In the Sengkang Religious Court Decision Number 460/Pdt.G/2015/PA.Skg the defendant's exception and the plaintiff's claim were declared rejected. The conclusions obtained from the results of the study are first, it is possible to withdraw waqf land if the waqf that is carried out does not meet the requirements and pillars of waqf but according to several sources that the waqf carried out by the wakif has a legal position according to Islamic law because it has fulfilled the pillars and requirements. waqf and there are no things that can cancel the waqf. Second, the factors that were considered by the Panel of Judges in passing the Sengkang Religious Court's Decision Number 460/Pdt.G/2015/PA.Skg were correct.

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