Abstract
The existence of waqf institutions in Indonesia has the potential to be developed, considering that Indonesia is a country with the largest Muslim population in the world. One of the most common waqf objects is waqf land. Currently, waqf land in Indonesia is relatively not used productively. The current use of waqf land is mostly limited to mosques, tombs, and madrasas. This paper provides an innovation on the management of waqf land that has not been productive in the form of giving land rights on the waqf land. The research method used in writing this article is normative legal research. This study uses primary legal materials namely Law No. 41 of 2004, Law No. 11 of 2020, and Government Regulation No. 18 of 2021. This study found a point of similarity between the concept of waqf land and land with right of management. Indonesian Land Law recognizes various kinds of land rights, such as right of ownership, right of cultivation, right of building, and right of use. This concept can provide benefits for developers, nazhir, and the Ummah. Developers get benefits in the form of freedom in land acquisition costs and can guarantee their land rights. Then, nazhir benefits in the form of land use fees and a recommendation fee from the developer. The profits received by nazhir can then be used for the welfare of the people according to the waqf pledge.
Highlights
Boedi Harsono revealed that the existence of the right of management in Indonesian Land Law is not mentioned in the Basic Agrarian Law but is implied in General Elucidation II point (2) of the Basic Agrarian Law: “The state can give such land to a person or entity with a right according to its designation and needs, for example, with a right of ownership, right of cultivation, right of building, or right of use or give it under management to a Ruling Body (Department, Bureau, or Autonomous Region) to be used for the implementation of their respective duties”
Waqf land can be converted into a productive waqf asset rather than a consumptive one
One of the alternative options for productive waqf land is the granting of land rights on waqf land
Summary
Islam is a religion that regulates human life comprehensively. Besides regulating the vertical relationship between humans and their God, Islam regulates the horizontal relationship between humans. Boedi Harsono revealed that the existence of the right of management in Indonesian Land Law is not mentioned in the Basic Agrarian Law but is implied in General Elucidation II point (2) of the Basic Agrarian Law: “The state can give such land to a person or entity with a right according to its designation and needs, for example, with a right of ownership, right of cultivation, right of building, or right of use or give it under management to a Ruling Body (Department, Bureau, or Autonomous Region) to be used for the implementation of their respective duties”. If a hierarchy of levels is formed regarding land tenure rights, it can be arranged as follows: No Types of Land Explanation Tenure
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