INNOVATION FOR EMPOWERMENT OF WAQF LAND RIGHT: COMPARATIVE ANALYSIS OF LEGAL ASPECTS OF WAQF LAND AND LAND WITH RIGHT OF MANAGEMENT IN INDONESIA

Abstract

The existence of waqf institutions in Indonesia has the potential to be developed, considering that Indonesia is a country with the largest Muslim population in the world. One of the most common waqf objects is waqf land. Currently, waqf land in Indonesia is relatively not used productively. The current use of waqf land is mostly limited to mosques, tombs, and madrasas. This paper provides an innovation on the management of waqf land that has not been productive in the form of giving land rights on the waqf land. The research method used in writing this article is normative legal research. This study uses primary legal materials namely Law No. 41 of 2004, Law No. 11 of 2020, and Government Regulation No. 18 of 2021. This study found a point of similarity between the concept of waqf land and land with right of management. Indonesian Land Law recognizes various kinds of land rights, such as right of ownership, right of cultivation, right of building, and right of use.  This concept can provide benefits for developers, nazhir, and the Ummah. Developers get benefits in the form of freedom in land acquisition costs and can guarantee their land rights. Then, nazhir benefits in the form of land use fees and a recommendation fee from the developer. The profits received by nazhir can then be used for the welfare of the people according to the waqf pledge.