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All Journal Al-Ahkam Warkat
Zidney Ilma Fazaada Emha
Universitas Diponegoro
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Waqf Land Certification Postponement for Place of Worship Due to the Obscurity of the Toll Road Expansion Project (Re-overview of Gustav Radbruch's Three Basic Legal Values Theory) Zidney Ilma Fazaada Emha; Ana Silviana; Musahadi Musahadi
Al-Ahkam Vol 32, No 1 (2022): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (478.103 KB) | DOI: 10.21580/ahkam.2022.32.1.10745

Abstract

Data from the Ministry of ATR/BPN shows that most waqf lands have legal certainty problems. This article wants to look at the case of delaying the certification of waqf land for the Baitussalam Mosque in Semarang City due to the unclear toll road expansion project. The discussion is related to Gustav Radbruch's theory of three fundamental legal values. This paper uses an empirical juridical approach with a qualitative descriptive-analytical research specification. Data were obtained through interviews with several key informants and supported by legal materials obtained from literature studies. The results showed that the delay in certifying the waqf land of Baitussalam Mosque at the Semarang City Land Office was due to legal concerns by residents if the land was affected by the expansion of the toll road project. This article proves that Gustav Radbruch's standard priority teachings, which prioritize justice over expediency and legal certainty, are irrelevant and not ideal. The case of Baitussalam Mosque places legal certainty through waqf land certification as a top priority that must be carried out. Thus, this study confirms the teaching of casuistic priority in the theory of modern legal goals.
Kebijakan Pembatasan Kepemilikan Tanah Non-Pertanian oleh Perorangan Untuk Menyelesaikan Ketimpangan Kepemilikan Tanah yang Berkeadilan: Policy for Restricting Non-Agricultural Land Ownership by Individuals to Resolve Inequalities in Fair Land Ownership Ana Silviana; Zidney Ilma Fazaada Emha
Warkat Vol. 1 No. 1 (2021): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n1.1

Abstract

Until now there are no regulations governing the maximum limit of land ownership, especially non-agricultural, so that there is increasing inequality in land ownership. This research aims to determine and analyze the causes of inequality in land ownership and the policies implemented in setting maximum limits on non-agricultural land ownership for individuals. The method used is socio-legal research, namely a legal research method that attempts to see the law in a real sense or examine how the law works in society. Research data was taken from field research with official sources within the Central Java BPN Regional Office, Semarang City and Semarang Regency Land Offices as well as literature study research using legal materials, which were then analyzed qualitatively using inductive methods. The results show that inequality in land ownership will continue to occur as long as there is no legal certainty governing non-agricultural land ownership limits, so far it has only been in the form of internal administrative regulations. In order to realize a land policy for social welfare and justice, it is necessary to immediately issue regulations regarding restrictions on non-agricultural land ownership in the form of a law.
Co-Authors Ana Silviana Musahadi Musahadi