WAKAF AHLI DALAM KETENTUAN PERATURAN PERUNDANGUNDANGAN WAKAF DI INDONESIA (STUDI KASUS WAKAF TUAN HADJI JAHJA BIN OEMAR TAHUN 1913)

Main Authors: , XANRAMAYA, , Yulkarnain Harahab, S.H., M.Si.
Format: Thesis NonPeerReviewed
Terbitan: [Yogyakarta] : Universitas Gadjah Mada , 2012
Subjects:
ETD
Online Access: https://repository.ugm.ac.id/118476/
http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=58444
Daftar Isi:
  • This research aims to know the existence of family endowments in the provisions of laws and regulations concerning about endowments in Indonesia, the validity of deeds of family endowments through a will made by wakif according to Islamic law, the position and authority of testament desk in the endowments of these endowments objects after the enactment of Act Number 41 of 2004 about Endowments as well as the obligations of the beneficiary in respect of the registration of endowments property. A method of writing in this thesis is more normative juridical basing on secondary data obtained from the literature. However, to complement data obtained are carried out field research to find directly data based on a reality that is happening in the field. Primary Data obtained through interviews are free to the respondents, while secondary data obtained by studying librarianship. The respondents in this study are the heirs of Mr Jahja. The Data obtained were processed through descriptive methods of analysis are carried out systematically to legal materials in which the results are presented in a descriptive form a thorough overview of the research problems are examined. Based on the results of the study revealed that: (1) the existence of family endowments in the laws and regulations in Indonesia is contained in the general explanation of Act Number 41 of 2004 about Endowments as well as in public explanations of the Government Regulation Number 42 of 2006 on the implementation of Act Number 41 of 2004 about Endowments. (2) the legal acts of the family endowments through a will made by a wakif matches according to the Islamic law which is based on the fact that the deeds of the law meets the requirements of the terms of a will or a legitimately endowments with a will. (3) the position and authority of testament desk in endowments of endowments objects after the enactment of Act Number 41 of 2004 about Endowments was as the power wakif and endowments may be executed after testament maker died. (4) the provisions of laws and regulations regarding the endowments in Indonesia, then the heir is obliged to register the Endowments property.