AKIBAT HUKUM TERHADAP IKRAR WAKAF TANAH YANG TIDAK DILAKSANAKAN DI HADAPAN PPAIW DI KECAMATAN JEMAJA KABUPATEN KEPULAUAN ANAMBAS

Abstract

The people of Jemaja Subdistrict still use many religious practices, such as the custom of taking oral legal representation of waqif between waqif and Nazir without being carried out through the Pledge of Waqf in the presence of PPAIW so that it does not rule out the possibility of disputes in the future. Based on the background description above, the formulation of the problems that arise are as follows, first, what is the legal status of the transfer of ownership rights to waqf pledges that are not implemented before PPAIW, secondly, What are the legal consequences for pledge of waqf land that are not carried out before PPAIW. This type of research is the study of sociological or empirical law. The results obtained in this study are first, the legal status of the endowment pledge which is not carried out before PPAIW in Islamic sharia is SAH but state law does not. If the endowment is given under the hand, it can result in the endowment being null and void by law. secondly, the legal consequences of the land waqf pledge which was not carried out before PPAIW in Jemaja Subdistrict Anambas Regency is that there is no legal certainty of the assets represented, the waqf that occurred at that time by the waqif could have been canceled or withdrawn. waqf land which is not carried out through a waqf pledge deed in the presence of PPAIW has imperfect proof power