Waqf Law Research Articles

The Role of Indonesian Notary in the Transfer of Stock Through the Waqf Mechanism After the Covid-19 Pandemic

Since the Covid-19 cases appeared in several countries including Indonesia, it had a direct impact on every sector in Indonesia, especially in the capital market sector. However, because Indonesia is currently entering a new phase in economic recovery after the acceleration of vaccination, accompanied by positive policies from the government, this provides new hope for investors who wish to waqf stocks. This study discusses the role of the Notary as the Official Making the Waqf Pledge Deed in the Transfer of Stock Waqf after the Covid-19 Pandemic. The new role of the Notary as stated in the explanation of Article 15 of Law Number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the Position of a Notary (UUJN), especially in the explanation of Article 15 paragraph (3) that Notary have other authorities regulated in laws and regulations, one of which is to make a Deed of Waqf Pledge. This is related to the provisions of Article 37 paragraph (4) of Government Regulation Number 42 of 2006 concerning the Implementation of the Waqf Law (PP Wakaf), which states that a Notary has the opportunity to make a Waqf Pledge Deed. As the most important element in the transfer of stock waqf, the Waqf Pledge Deed requires an official who has competence in making a deed containing the Wakif’s desire to surrender his assets to be used by Nazhir. This study aims to clarify the authority of a notary who is still foreign in making a waqf pledge deed, especially the object of stock waqf. This type of research is normative-juridical research. The results of this study obtained answers to existing problems related to the authority of a Notary as a PPAIW, namely that until now the regulations regarding the requirements of a Notary as a PPAIW that have been mandated in the provisions of Article 3 paragraph (5) of PP Wakaf have not yet been stipulated by the Minister of Religion.
 Keywords: notary, waqf, stock, Indonesia, Covid-19

Institusi Hukum Perwakafan Indonesia: Kajian Kelembagaan Badan Wakaf Indonesia (Sejarah dan Struktur Kelembagaan)

Waqf is part of Islamic philanthropy, along with the development of time and circumstances, waqf processes and procedures developed according to the context of the times, not least the development of the rule of law governing waqf law, Law 41/2004 as a new waqf rule in Indonesia, with the spirit of increasing the productivity of waqf assets, and forming nazhir professionalism, then forming a new institution in the waqf world in Indonesia called Badan Wakaf Indonesia (BWI), Hope with the establishment of BWI becomes the main driving force of representation and becomes a medium in increasing waqf assets for the welfare of the people. This paper discusses the history of the institutionalization of BWI institutions and their institutional rules in Law 41/2004. This paper is normative research with a statutory approach and a conceptual approach. The results of the study from this paper state that the history of the institutionalization of BWI is influenced by the factors of the concept of cash waqf and the factor of updating the concept of waqf management which is not only trying to maintain waqf assets but more to make waqf assets more productive. BWI institutional rules based on Law 41/2004 regulate the position, duties, structure, and diversity, the period of service of management, and rules on the performance process of BWI.

The Implementation of Land Waqf Law in Indonesia and Malaysia as a Stage to Land Waqf Law Reform in Indonesia: A Comparative Study

Legal problems in the implementation of land waqf in the community are found in; wakif, status of waqf land, nadzir, wakif heirs, nadzir heirs, and land waqf institutions. Therefore, it is very important to conduct a research on A Comparative Study on the Implementation of Land Waqf Law in Indonesia and Malaysia as a Stage to Land Waqf Law Reform in Indonesia to analyze land waqf practices in Indonesia and Malaysia, then to compare and identify their similarities and differences. This research can provide ideas for the government in updating the land waqf law. This study used a comparative approach. The research data include primary and secondary data. The data were analyzed qualitatively. The results showed that there are some similarities of land waqf practices in Indonesia and Malaysia. These similarities are found in terms of ; its legal basis; forms of wakif and nadzir; as well as the position of the land waqf witness. Meanwhile, the difference lies in; land waqf management practices; government policy on waqf institutions; allotment, term, and settlement of land waqf disputes. By comparing Malaysian and Indonesia land waqf law practices, Indonesia can renew the land waqf law on the aspects of its legal rules and legal institutions.

Tinjauan Wakaf Saham Hak Atas Kekayaan Intelektual dalam Perspektif Hukum Islam

This study aims to determine and understand the law of stock waqf in the perspective of Islamic law, the problems that the researcher raises in this thesis are; First, how is the implementation of IPR share waqf in Indonesia. Second, how is waqf of IPR shares in the perspective of Islamic law. This research uses descriptive qualitative research (non-statistical), using library research method (library review) and using normative and juridical normative approaches. The research results found are as follows; First, the implementation of IPR Shares Waqf in Indonesia is different from the waqf of immovable assets in the form of land or buildings because it must fulfill the eternal aspects and the form of shares that cannot be used directly. There are two models of stock waqf launched by the Indonesia Stock Exchange (IDX). The first is waqf which is sourced from the profits of IPR stock investors and the second is waqf which makes IPR shares the object of waqf. The application of waqf is carried out by the wakif to nadzir in the presence of the Waqf Pledge Deed Official (PPAIW) witnessed by 2 (two) witnesses and stated orally and or in writing which is the will of the wakif and stated in the waqf pledge deed by PPAIW. Second, the Islamic legal perspective on waqf of intellectual property rights if it refers to the Hanafi, Syafi'i and Hanbali schools, then IPR shares cannot be waqf because they do not have a material form. However, if you take the opinion of the Maliki School, then IPR shares can be waqf, because the Maliki School states that the object of waqf does not have to be a material object (tangible) but can also be an immaterial object (intangible). And if you look at the legislation and the decisions of the Indonesian Ulema Council (MUI) then IPR shares can be waqf, considering the value and benefits are not small.

Analysis of the Implementation of Waqf Wasiar Sharia Insurance Policies in Review from Islamic Law

This study aims to analyze the implementation of waqf testaments for sharia insurance policies. Based on the Fatwa DSN MUI variation 106/DSN-MUI/X/2016 concerning the Benefits of Waqf Insurance and Funding Benefits in Sharia Life Insurance, it is regulated that the challenge for assets that may be waqf is 45% while in Waqf law it is 1/3 of wealth or Syirkah. This study uses a qualitative technique by using a literature study. The results of this study indicate that the implementation of waqf wills in sharia insurance policies has not been fully implemented and well controlled..

PEMBUATAN AKTA IKRAR WAKAF DI KECAMATAN RASAU JAYA (TINJAUAN REGULATIF DAN IMPLEMENTATIF)

The regulation of waqf in Indonesia has shown very good development, following the enactment of Law No. 41 of 2004 concerning Waqf. However, problems arise in the implementation phase. This is shown by the number of waqf lands that have not registered the Waqf Pledge Deed to the Waqf Pledge Deed Maker Official (PPAIW) at the Office of Religious Affairs. Based on observations made by researchers in Rasau Jaya District, it is known that there are still many mosques whose land has not been registered with the Office of Religious Affairs. By using the juridical-empirical research method, the author questions more about the arrangement of the waqf pledge deed in Indonesia, as well as its implementation at the author's research locus, namely the Rasau Jaya sub-district. The conclusion that the problem arises is due to several reasons, including: unclear registration information, unsystematic flow and time of manufacture, lack of public awareness of the importance of the Waqf Pledge Deed, and the lack of socialization of waqf law carried out by the KUA of Rasau Jaya District.

Productive Waqf Land in The Zoning Area

This study provides an overview of the most recent developments in the zoning area related to productive waqf land. This study aims to examine the opportunities and challenges faced by the nazir in developing their waqf assets in the face of constraints resulting from the existence of Law Number 22 of 1999 concerning Regional Autonomy through derivatives issued by regional regulations related to zoning with laws and regulations, Waqf Law No. 41 of 2004. This research provides an analytical discussion on the new problems of productive waqf, the effect of zoning, and the clash of the two regulations between waqf and zoning, which impedes the development of productive waqf.
 This qualitative research includes field and literature studies and data collection techniques based on observation, interviews, and documentation. A case study examines the potential of productive waqf land in Jakarta and Bandung in greater depth. This situation is because land in Jakarta and Bandung is highly valued and productive.

Development Strategy of Islamic Boarding Schools-based Waqf (Case Study: Islamic Boarding Schools of Daarut Tauhiid, Bandung)

Management of Waqf by individual collectors dominates Waqf management in Indonesia. However, since Waqf laws stated that The individual and an institution could manage Waqf, the opportunity to develop Waqf is more open for Waqf institutions. One of the established Waqf institutions is the Daarut Tauhiid Waqf institution. This study aims to identify and analyze existing strategies and generate development strategies for Islamic Boarding School-based Waqf. The research method used was descriptive qualitative by using Business Model Canvas (BMC), Strength Weakness Opportunity Threat (SWOT), and Analytical Network Process (ANP) approaches. The researchers conducted this study in Daarut Tauhiid Islamic Boarding School Bandung from November 2020 to March 2021. The respondents were practitioners, namely the director and staff of Daarut Tauhiid Waqf institution, regulators from the Ministry of Religion, and academics from universities in Bogor and Jakarta. Data were collected from in-depth interviews and questionnaires from respondents. The most important development strategy to be implemented in the Daarut Tauhiid Waqf institution is the development of human resources competency. Therefore, competent human resources can establish a trusted, professional, and trustworthy team managing Waqf-based Islamic boarding schools.

KEWENANGAN WAKIF TERHADAP HARTA BENDA WAQAF

Waqf assets are wakif property which can be proven by proof of ownership of the said assets. The types of waqf assets include immovable and movable objects. The formulation of the problem to be analyzed is the wakif authority over waqf assets. The approach used is a statute approach and a conceptual approach. With regard to immovable objects, the proof of ownership of the said property is a certificate of land rights, if the waqf property is in the form of land rights, then the authority to act as wakif is the name printed on the certificate. The meaning of movable objects in the Waqf Law can be categorized into registered objects and unregistered objects. For a registered movable object, there is proof of ownership, so the authority is the name written in the proof of ownership, while the unregistered movable object applies the principle in Article 1977 BW that whoever controls the object is deemed the owner of the object, then the competent authority is the one who controls the object in good faith.

The Impact of Productive Waqf's Implementation to the Development of Sharia Economics in South Kalimantan

Waqf is one of the sources of Nation's income that can empower the sharia economy. The Implementation of waqf cannot be separated from the supervision of the Indonesian Waqf Board. Indonesian Waqf Board supervises at the provincial level as an independent institution tasked with empowering productive waqf. In this study, the supervisory process carried out by the Indonesian Waqf Board in South Kalimantan applies the empowerment of productive waqf by the Indonesian Waqf Board of South Kalimantan to the development of the sharia economy. This study aimed to determine how to implement the empowerment model applied by the Indonesian Waqf Board to the sharia economy. This research is a descriptive study with a sociological and normative approach. Data collection techniques through observation, interviews, documentation, and triangulation with the determination of informants through purposive snowball sampling. The results showed that from these results the implementation of (1) the waqf model for building construction in building facilities and infrastructure, and (2) the waqf model for business development covering agriculture, animal husbandry, and business units. The two models are then linked to management, including investment management and productive waqf distribution management. The management of the Indonesian Waqf Board in South Kalimantan implements the empowerment of Human Resources with the supervision of nazhir based on waqf law, sharia economic system, and waqf administration or entrepreneurship. The managerial process is inseparable from the leadership factor. Through direct supervision by South Kalimantan BWI staff and the Ministry of Religion, control is carried out to oversee productive waqf assets.

The Legal Position of Waqf for Non-Muslims in Efforts to Increase Waqf Assets in Indonesia

This study examines the legal standing of waqf for non-Muslims contributing to the increase of waqf assets in Indonesia. It turns out that raising waqf funds can be accessed from non-Muslim funds that sympathize with the economic value of Islamic philanthropy. Waqf is a deed that is part goodness of Islam and has a socioeconomic dimension. The essence of waqf is to hold the core of waqf and develop the outcome, so that waqf assets do not just disappear. The form of waqf is exciting and has great benefits so that not only a Muslim who is interested in waqf, many non-Muslims also contribute through donations. However, scholars differ in opinions about non-Muslim waqf laws; besides that, the waqf law also does not mention the specificity of waqf only for Muslims. This research is qualitative research through a normative juridical approach through literature in analyzing the data obtained. So, the difference in opinion of the madzhab scholars is essentially allowing non-Muslim endowments if it is not intended for religious facilities such as mosques.

Pengaruh Pemahaman Wakaf Terhadap Niat Berwakaf Tunai Jama’ah Masjid di Kecamatan Kota Ponorogo

This research aimed to seek the influence of waqf understanding on cash waqf intention of the mosque congregation at the District of Ponorogo. The method employed in this study is multiple regressions with primary data collected from 150 respondents of 5 big mosques in the District of Ponorogo within the questionnaire. The result of the study shows that all variables of waqf understanding namely basic understanding of waqf, understanding of waqf benefit, and understanding of waqf laws are simultaneously influenced the dependent variable with significant impact. Meanwhile, partially understanding the benefit of waqf positively significant influenced the intention to participate and donate cash waqf, while the rest variables had no impact on the intention to participate and donate cash waqf.

Memahami Pola Ijtihad dalam Modernisasi Hukum Wakaf di Indonesia

This study aims to find the pattern of ijtihad in the renewal of waqf law in Indonesia as stipulated in Law No. 41 of 2004. The focus of the object of this research is Article 1 regarding the existence of waqf, Article 16 regarding waqf objects, and Article 40 concerning changes in the status of property. waqf. This research is a qualitative research in the form of literature review. This type of Islamic legal research is included in the category of philosophical normative legal research. The analytical theory used is the contemporary typology of ijtihad proposed by Yusuf al-Qaradawi. This research concludes that the construction of waqf legal reform in Article 1 regarding the existence of waqf, Article 16 regarding the object of waqf, and Article 40 regarding changes in the status of waqf assets tends to use the ijtihad intiqa'i approach, which is to choose a legal opinion of the classical fiqh school which is relevant to developmental conditions and needs of modern society. However, in article 40, the author considers that there is a selection of legal opinions from the jurisprudence schools that do not allow to sell or replace waqf objects which will cause problems in their application. This is because the waqf object in certain conditions can suffer damage and loss of benefit. Therefore, the legal construction in article 40 can be reconsidered.

PENGELOLAAN WAKAF UANG TUNAI PADA LEMBAGA DARUT TAUHID (DT) PEDULI KOTA SUKABUMI

This study is intended for getting information about the strategy of developing cash waqf at the institution of Daarut Tauhiid Peduli, Sukabumi. Another purpose was also to find out the law of cash waqf in the view of muamalah fiqih and the law based on the fatwa of Indonesian Ulama Council (MUI). The techniques of data collection for this study were interviews conducted direct communication, and also by phone. The method of analysis was descriptive analysis which is qualitative research. Also, the researcher made a complex view of the respondents based on the real situation. The results indicate there was a considerable positive influence in society, so that it can create the enthusiasm of the community for waqf with cash.

Pengelolaan Wakaf Uang Melalui Aplikasi Fintech Pada Koperasi Syariah Di Kota Bandung

This study aims at providing an insight into the legal status of waqf through application in fintech pursuant to Law No41 of 2004 and Law no 11 of 2008 on Information and electronic transactions, a form of nadzir responsibility for managing waqf assets through fintech applications and then seeking a model for the economic empowerment of individuals through through the use of fintech applications. The method employed in this study is a method of regulation, referring to qualitative legal research. The results found that the application of fintech applications in the management of cash waqf is not specifically governed by Waqf or ITE Law, but still permitted as long as the applicable law is not in contravention. In the management of waqf nazhir, the management of waqf properties shall be responsible and legal proceedings can be taken in the event that waqf property is lost due to negligence. In collaboration with Bandung's city of fintech companies, the sharia cooperative registered as Nazhir waqf cash is owned only by KSPPS BMT ITQAN where, in the form of SME finance for members based on waqf funds, the model of waqf management is used through the Rumah Pembiayaan Majelis (RPM) empowerment program, based on a fintech application called itQanmobile and kitawakaf.com, a social crowdfunding platform fintech

Waqf in the Perspective of Waqf Rules in Indonesia

For Muslims in Indonesia, the basic concept of waqf in Islam is very well understood, and more than that, if examined further, there will be many waqf assets in Indonesia. In the perspective of a country, it is necessary to implement regulations, including Waqf Law (Law), Government Regulation (PP) on Waqf, Regulation of the Indonesian Waqf Board (BWI), and Regulation of the Minister of Religion (PMA). This study aims to explain waqf from the perspective of waqf rules in Indonesia. This research uses qualitative-descriptive-literature methods. The conclusion is that the existing waqf rules that apply in Indonesia aim to maintain the existence of waqf to always be in accordance with the basic concept of waqf in Islam. In addition, this rule also serves as the basis for the legal protection of legality of waqf in Indonesia.

THE LEGAL ISSUES OF CASH WAQF IN CENTRAL JAVA, INDONESIA

The implementation of waqf cash that is not in accordance with the laws and regulations, raises legal problems in the community. The study will analyze the problem of chash waqf law and its juridical solution’s. This research in Central Java, by taking research samples from Boyolali, Salatiga, Regency and City of Semarang. The aim was to analyze the implementation of cash waqf in Central Java and its benefits can be used as material for government policies in implementing cash waqf law. The research type was field research and data was in the form of primary and secondary data, which includes primary, secondary and tertiary legal materials. The data were analyzed using descriptive analysis. The research results of the problem of cash waqf law in Central Java is; low public interest in representing cash waqf, lack of coordination between cash waqf institutions (BWI and LKS-PWU), lack of human resources in understanding cash waqf, and misunderstandings about the meaning of cash waqf. Juridical solutions include; increasing BWI management resources, optimizing BWI's performance, socialization of waqf legal rules, forming a positive image of LKS-PWU, and increasing the professionalism of integrated management in managing waqf assets.

Legal Consequences of Bankruptcy Towards Legal Position of Waqf Assets on Foundation

Introduction to the Problem: Based on Law No. 37 of 2004 on the Bankruptcy and Payment Suspension, the consequence of Bankruptcy decisions cover the total wealth of the Bankrupt Debtors at the time of the bankruptcy declaration together with that which they acquire during the bankruptcy. According to the Bankruptcy Act, there is no explicit limitation about the bankrupt assets, which raises the ambiguity and contradiction towards the Law No. 41 of 2004 on Waqf and Law No. 28 of 2004 on the amendment of Law No. 16 of 2001 on Foundations in determining the status of waqf assets as the one of Foundation’s wealth. Purpose/Objective Study: This research aims to determine waqf assets’ status on the bankrupt foundation and manage waqf assets in Indonesia’s bankruptcy proceedings. Design/Methodology/Approach: This type of research is normative legal research. The study employed secondary data from the literature review and analyzed it through the statute and conceptual approaches. Findings: This research shows that applying the laws and implementing bankruptcy proceedings should consider other laws, which means waqf assets that the foundation manages. The waqf law overrides the bankruptcy law that is affirmed on foundation law. The bankrupt foundation’s waqf assets will hand over to others’ foundations or legal entities that have the same purposes. Paper Type: Research Article.

Analysis of Wakaf and Maqashid Syari'ah Law on the Development of Wakaf Property in Lhokseumawe City

The development of waqf assets in the form of adding the function of waqf is a new phenomenon in the problems of Islamic law jurisprudence even in positive law in Indonesia. In national law (positive), Indonesia has regulated this issue with the existence of laws and government regulations regarding waqf both movable and immovable waqf assets, even in its development every property in waqf must have an Deed and / or certificate. Whereas in Islamic jurisprudence, the development of waqf assets in the form of additional functions is one of the problems that can be said to be new, it needs legal conclusions and even has to be seen from various theoretical concepts such as maqashidu sharia. Therefore this research will examine the issue of developing waqf assets based on the Waqf Law and maqashid syari'ah. This research is an empirical legal research using a sociological legal approach, with data collection through documentation and interviews. The results of the research show that the development of waqf assets is permitted according to the law, but with the stipulated conditions, besides that the development of waqf assets is also permissible in Islamic jurisprudence as long as it is solely for reasons in accordance with the concept of maqasidu syari'ah and the point is to seek maslahat.

Konsep Yuridis Hak Atas Kekayaan Intelektual Sebagai Harta Benda Wakaf

The focus of the study in this article is regarding the position of Intellectual Property Rights as the object of waqf from a juridical perspective. This article is included in the type of normative legal research because in this article the author makes law the subject of study, and the approach used in this article is of course the legal approach. Based on the results of the study and analysis, the authors conclude that, juridically, the Endowment of Intellectual Property Rights (IPR) has obtained legal legitimacy in Indonesia. In addition to being regulated in Law Number 41 of 2004 concerning Waqf, IPR waqf has also been confirmed in several laws in the field of IPR, both before the Waqf Law was issued and after the Waqf Law was issued. Intellectual Property Rights can be transferred as long as the transition does not conflict with the prevailing laws and regulations in society, including by way of waqf. This is because IPR is a movable intangible object, IPR material appears as a form of appreciation for intellectual activities that are born from human thought to create something new or original, both in the fields of science, technology, literature and the industrial sector.