TINJAUAN YURIDIS ATAS TANAH WAKAF MAKAM BALUNG YANG DIKUASAI YAYASAN MAKAM BALUNG (NADZIR) DI KELURAHAN TAMAN BARU KECAMATAN CITANGKIL KOTA CILEGON
| Main Author: | TYA MAYA YOGHA, BAKAT |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2017
|
| Subjects: | |
| Online Access: |
https://eprints.untirta.ac.id/3438/1/TINJAUAN%20YURIDIS%20ATAS%20TANAH%20WAKAF%20MAKAM%20BALUNG%20YANG%20DIKUASAI%20YAYASAN%20MAKAM%20BALUNG%20%28NADZIR%29%20DI%20KELURAHAN%20TAMAN%20BARU%20KECAMATAN%20CITANGKIL%20KOTA%20CILEGON.pdf https://eprints.untirta.ac.id/3438/ |
Daftar Isi:
- The 97,000 square meters of land is located in the New Garden District of Citilil Sub-district of Cilegon City of PT Krakatau Steel to Citizens has deviated from the prevailing laws and regulations.The Chief of Citangkil Sub-district facilitated the formation of permit to continue the management of the grave land, but the Citangkil District Chief appointed a Wakif. Wakif acts as if the owner of wakaf land has been donating substitute land for the community grave to Makam Balung Foundation. Is a wrong procedure and legal defect and cause harm to the community, because it must be canceled. Nadzir-dominated wakaf land is a onesided mastery by nadzir against the waqf land it manages. This is certainly contrary to the position of nadzir as a manager of wakaf land, as regulated in Law no. 41 of 2004 on Endowment and Compilation of Islamic Law Book III on Waqf . Therefore it is necessary to review the position of nadzir in Islamic Law and Law No.41 of 2004 Nadzir made changes in the allocation of waqfs, causing harm to the people. The research used descriptive analytical research, with normative juridical and empirical juridical approaches. Secondary data sources are collected including laws, court decisions, rules and books relating to research. While the primary data source is used to support secondary data obtained from field research through data and information retrieval as well as interviews with relevant Cilegon City Government Officials and the Makam Balung Foundation Board that acts as Nadzir. From the results of the study it is known that Wakif is not the legal owner of wakaf land. Wakif established by Sub-district Citangkil Citangkil is an act against the law (on recht matigeoverheid daad), is a decision that is legally flawed, illegitimate. So there is no legal certainty and the status of the tomb of the grave is not clear and can cause harm to the community. Nadzir is known to make changes to the land allotment of wakaf is an act against the law and can be threatened with crime.