Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

Research Article

A Juridical Study of Land Waqf in Indonesia in Realizing the Rule of Law

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  • @INPROCEEDINGS{10.4108/eai.29-6-2021.2312621,
        author={Islamiyati  Islamiyati and Dewi  Hendrawati and Aisyah Ayu Musyafah and Asma  Hakimah and Ruzian  Marom},
        title={A Juridical Study of Land Waqf in Indonesia in Realizing the Rule of Law},
        proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICOLEG},
        year={2021},
        month={10},
        keywords={juridical study land waqf indonesia rule of law},
        doi={10.4108/eai.29-6-2021.2312621}
    }
    
  • Islamiyati Islamiyati
    Dewi Hendrawati
    Aisyah Ayu Musyafah
    Asma Hakimah
    Ruzian Marom
    Year: 2021
    A Juridical Study of Land Waqf in Indonesia in Realizing the Rule of Law
    ICOLEG
    EAI
    DOI: 10.4108/eai.29-6-2021.2312621
Islamiyati Islamiyati1,*, Dewi Hendrawati1, Aisyah Ayu Musyafah1, Asma Hakimah2, Ruzian Marom2
  • 1: Universitas Diponegoro
  • 2: Universiti Kebangsaan Malaysia
*Contact email: islamiyati@yahoo.co.id

Abstract

Land waqf, which is continuously developing, requires a juridical basis to be orderly and orderly. The research describes the juridical development of land waqf law in Indonesia and analyzes it with law theory. The benefits of research can broaden the understanding of the dynamics of the development of land waqf law in Indonesia. This type of research is Library Research, taking data from literature studies on land waqf and its legal basis. Juridical normative research approach. The research specification was descriptive analysis, and the research data were analyzed qualitatively. The research results explain that the juridical study of land waqf law in Indonesia is an attempt to elaborate the statutory regulations on land waqf established by the state, which is divided into three terms. Namely; During the Dutch colonial period, after independence, and the third period, after the issuance of the Basic Agrarian Law No. 5 of 1960. The state establishes regulations for land waqf to provide protection and legal certainty for land waqf to minimize disputes. The government establishes land waqf regulation, showing that Indonesia is a state of law, not mere power, meaning that legal provisions regulate every behavior of the rulers and the people.