Diponegoro Law Review
Vol 7, No 1 (2022): Diponegoro Law Review April 2022

COMPENSATION SYSTEM OF WAQF LAND ACQUIRED FOR DEVELOPING PUBLIC INTEREST

Rofi Wahanisa (Faculty of Law, Universitas Negeri Semarang)
Suhadi Suhadi (Faculty of Law, Universitas Negeri Semarang)
Aprila Niravita (Faculty of Law, Universitas Negeri Semarang)



Article Info

Publish Date
28 Apr 2022

Abstract

A number of activities related to land acquisition for public interest use waqf. The principle of waqf is derived from Islamic Law in which wakif (the owner) donates waqf (in the form of land) to nazhir (the manager of the edified property) for worship purposes. The problems in this paper consist of whether there is a system regarding waqf land acquired for public interest, and how compensation and supervision are given regarding waqf land acquired for developing public interest. Using normative legal research with legislation and conceptual approach, this paper argues that acquisition of waqf land is regulated in Law No. 2/2012 on Land Acquisition for Developing Public Interest and Law No. 41/2004 on Waqf. it is regulated that compensation will be given to nazhir for waqf land acquired. It also regulates that the status of waqf land can be changed into non-waqf one for public interest through exchange mechanism. In order to provide legal certainty over waqf land acquired for public interest, legislation on land acquisition needs to be harmonized with legislation on waqf.

Copyrights © 2022






Journal Info

Abbrev

dlr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Diponegoro Law Review (Diponegoro Law Rev. - DILREV) is a peer-reviewed journal published by Faculty of Law, Diponegoro University. DILREV published two times a year in April and October. This journal provides immediate open access to its content on the principle that making research freely ...