ISBAT WAKAF SEBAGAI UPAYA PERLINDUNGAN HUKUM TANAH WAKAF YANG BELUM BERSERTIFIKAT

Abstract

Wakaf disputes are found in many places in Indonesia. One of the
reasons is that there are many wakaf land that has not been registered
(certified) to the authorized official. So it caused that the wakaf land
still do not have certainty and the protection of clear law. This issue
encourages legal experts to provide solutions to uncertified wakaf
land. The solution to provide protection for the wakaf land is the
emergence of isbat wakaf as a solution to solve the problems of wakaf
land that has not been certified.
Isbat wakaf aims to provide law protection of wakaf land, justifying
previous law acts such as waqif, nadzir, and managers, and used as
evidence in the certification of waqf objects, giving full advocacy to
the disputed waqf land or legally problematic. Isbat wakaf is the
authority of the Religious Court, this is based on Law no. 14 of 1970
amended by Law no. 4 of 2004 on Judicial Power and Law no. 3 of
2006 on Amendment to Law no. 7 of 1989 on Religious Courts. In
Law no. 14 of 1970 amended by Law no. 4 of 2004 on Judicial Power
is set forth in Article 2, paragraphs 1 and 2, and Law no. 3 of 2006 on
Religious Courts Article 49