The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia

Research Article

Position of HGB Land above HPL to be Waqf

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  • @INPROCEEDINGS{10.4108/eai.10-9-2019.2289376,
        author={Mira Novana Ardani and Ana  Silviana},
        title={Position of HGB Land above HPL to be Waqf},
        proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICIDS},
        year={2019},
        month={11},
        keywords={waqf land hgb hpl},
        doi={10.4108/eai.10-9-2019.2289376}
    }
    
  • Mira Novana Ardani
    Ana Silviana
    Year: 2019
    Position of HGB Land above HPL to be Waqf
    ICIDS
    EAI
    DOI: 10.4108/eai.10-9-2019.2289376
Mira Novana Ardani1,*, Ana Silviana1
  • 1: Faculty of Law Diponegoro University, Prof. Sudharto, SH. Street Number 1 Semarang, Indonesia
*Contact email: miranovana@yahoo.com

Abstract

Waqf has an important role in increasing economic activity. Land is one of the waqf objects that are not moving. There are land rights arrangements that can be waqf. One of them is HGB land which stands on HPL land. What is the position of HGB land on HPL land if it is to be waqf, and what possibilities can occur from the legal action. This research uses a normative juridical approach. Normative juridical research has the meaning of research focused on examining the application of rules or norms in positive law. If seen from the provisions of the existing laws and regulations, HGB land which is above the HPL land is allowed to be waqf as long as it has obtained written permission from the HPL holder. There are various possibilities that occur if HBG land above the HPL is waqf. These possibilities can pose risks later on.