Perwakafan Tanah Hak Milik Dengan Berlakunya Peraturan Mentri Agraria Dan Tata Ruang Kepala Badan Pertanahan Nasional Nomor 2 Tahun 2017

Abstract

Waqf is an institution that is very beneficial for the development of Islamic community assets. Waqf is carried out for the purposes of worship and economic development of the community, especially Muslims. In this waqf, the property that can be waqfed is property that is legally owned and controlled by its owner. Property that can be waqfed consists of immovable and movable objects. This study aims to analyze the implementation of waqf of freehold land with the enactment of the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 2 of 2017. This regulation aims to provide legal certainty, increase transparency, and simplify administration in the process of waqf of freehold land. This study uses a normative legal method with a statutory regulatory approach and case studies in several regions in Indonesia. The writing of this law uses a normative legal research method. This study shows that this regulation has succeeded in providing legal certainty for waqf land, with clearer and more standardized procedures. Registration of waqf land becomes easier and more structured, thus reducing the potential for disputes and misuse. In addition, this regulation also increases transparency and accountability in the management of waqf land, allowing for more optimal utilization for social, religious, educational, and economic interests.

Keywords: Land waqf, legal certainty, Regulation of the Minister of Agrarian Affairs, transparency, waqf administration.