THE FUNCTION SHIFT OF WAKAF LAND AND ITS IMPACT ON THE STATUS OF WAKAF LAND IN JAMBI CITY

B, FAIZAH. (2010) THE FUNCTION SHIFT OF WAKAF LAND AND ITS IMPACT ON THE STATUS OF WAKAF LAND IN JAMBI CITY. Working Paper. UNSPECIFIED. (Unpublished)

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Abstract

The function shift of wakaf land means a change in the use and the status of wakaf land other than those specified in wakaf declaration (ikrar wakaf). The function shift aims to utilize and to make good use of the wakaf land already donated for religious or community use by a person or his/her heir which, however, has no effective function or can not be utilized in accordance with the wakaf declaration. By shifting its function, the land shall give better public benefit. It is a legal sociological research being descriptive in nature. The research finding indicates that there are various factors which cause the function shift of wakaf land in Jambi city such as old establishments on the land, high and profitable value of the land, unproductive land, road expansion and development of the wakaf land. The function shift of wakaf land in Jambi city has not been fully implemented pursuant to the effective relevant law or regulation (Government Regulation Number 28 Year 1977). This is illustrated by the implementation of function shift of wakaf land at Village Administration Office of Eka Jaya, Madrasah Syari’at Islam (Islamic school) and funeral site of Talang Bakung. Some hindrances in implementing the function shift of wakaf land are, for example, time consuming and complicated procedure, limited fund for land certification, lack of socialization from Ministry of Religion Affairs, less coordination between Ministry of Religion Affairs and National Land Office (BPN), inadequate human resources for administering the wakaf land, insufficient legal know-how and attention of the wakaf land administrators, and less supervision from Ministry of Religion Affairs on the implementation of function shift of the wakaf land in Jambi city. As to the impact of the function shift of wakaf land, there is no significant effect on the land status. However, the very change in status such as land sale and land swindle will affect the wakaf land status. In other words, it may not be called the wakaf land any longer as its status has shifted.

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