Uncertified Wakaf Land Based on Islamic Law and Law Number 41 of 2004 on Wakaf (a Case Study on a Jami Mosque Miftaahussalam in the Jayamukti Village of Leuwisari District of Tasikmalaya Regency)

Abstract

One aspect of wakaf practice in Indonesia is a legal act wakaf must be recorded and stated in the deed of wakaf and registered pledge and announced that the implementation is done in accordance with the procedures set forth in the legislation regulating the wakaf. As proof of registration of wakaf, property is in the form of a certificate. However, according to data from Indonesian Wakaf Board, stated that the wakaf land in Indonesia, located in 435 thousand locations, more than 30% still do not have a certificate of wakaf. For example, the Jami Mosque at village Miftaahusssalam Jayamukti District of Leuwisari standing on wakaf land that do not have land titles. The purpose of this study was to analyze the status of wakaf land that does not have a certificate in accordance with Islamic Law and Law No. 41 of 2004 on Wakaf and define the status and the legal consequences Jami Miftaahussalam that does not have a certificate of wakaf. Based on the aspects of the focus in this study, the method used is a normative legal research-empirical use of case studies in the form of product legal behavior by examining the normative law in force (literature) and implementation of the events in concrete in order to achieve a predetermined goal (field study), The specifications of the research that will be used is descriptive legal research using primary and secondary data. Our literature review and data collection in the field that has been done, the conclusion that Islamic law there is no legal basis which requires that land wakaf have certificates wakaf, but there is a suggestion for registration as an effort to legal protection and eliminates the indecision on the status of wakaf property. Meanwhile, according to Article 32 and Article 69 of Law No. 41 2004 donated land must be registered to the Land Office to obtain the certificate. Jami Miftaahussalam who does not have the certificate of the donated land in the public register of the Land Office status is still listed as land rights are property rights on behalf wakif, not a wakaf land on behalf Nazhir. So as a result, the mosque has no authentic documentation tools as wakaf land. In addition to the absence of certificates of land wakaf, Jami Miftaahussalam not registered in the public register wakaf of Religious Affairs and Wakaf Board Indonesia.