PENYELESAIAN SENGKETA TANAH WAKAF TIDAK TERCATAT DI KECAMATAN TANJUNG MEDAN, ROKAN HILIR, RIAU

Muhammad Alwi Dalimunthe, S.H, NIM.: 19203012010 (2021) PENYELESAIAN SENGKETA TANAH WAKAF TIDAK TERCATAT DI KECAMATAN TANJUNG MEDAN, ROKAN HILIR, RIAU. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Waqf is a noble and commendable act carried out by a person by setting aside part of his wealth in the form of property rights, and institutionalizing it forever as a social waqf, which is used for worship or other purposes, in accordance with Islamic law. Waqf assets must be recorded by PPAIW, to obtain a Waqf Pledge Deed which can be used as authentic evidence as waqf land. It is different with the people in Tanjung Medan Sub-district who think that in the practice of waqf, it is not necessary to register at PPAIW, it is enough to submit it verbally. Therefore, out of 181 waqf lands there are only 4 waqf lands that already have AIW. Finally, in recent years there have been many cases of unrecorded waqf disputes, among others, waqf land taken by the heirs of the wakif and about to be sold for housing, waqf land taken back by the wakif, and waqf land taken by the people who own land around it. Efforts should be made to minimize the occurrence of other waqf land disputes in the future. Therefore, it is necessary to conduct further research related to the settlement of unregistered waqf disputes in Tanjung Medan District, Rokan Hilir, Riau The type of research used in this research is field research with an empirical approach. While the data analysis method used descriptive-analytic with several stages, namely preliminary research, data processing, checking the validity of the data and analyzing the data. All data obtained using the method of observation and interviews. The results showed that the causes of waqf disputes were not recorded in PPAIW Tanjung Medan District including, defaults committed by wakif, defaults by nadzir waqf, defaults by heirs of wakif, and defaults by PPAIW. Settlement of waqf disputes that are not registered at PPAIW, Tanjung Medan District, are resolved in 2 (two) ways, namely through promulgation and through family methods. Based on the researcher's analysis, the dispute resolution carried out by the community in Tanjung Medan District is in accordance with several theories of Laura Nader and Harry F. Todd Jr, including the theory of negotiation and mediation theory. However, the problem in resolving the dispute is that the results of the agreement are carried out verbally, without being written down.

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