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All Journal Diponegoro Law Review JURNAL PEMBANGUNAN HUKUM INDONESIA
Islamiyati Islamiyati
Faculty of Law, Universitas Diponegoro
Law, Crime, Criminology & Criminal Justice

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THE LEGAL ISSUES OF CASH WAQF IN CENTRAL JAVA, INDONESIA Islamiyati Islamiyati; Dewi Hendrawati; Aisyah Ayu Musyafah
Diponegoro Law Review Vol 6, No 1 (2021): Diponegoro Law Review April 2021
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (579.085 KB) | DOI: 10.14710/dilrev.6.1.2021.62-77

Abstract

The implementation of waqf cash that is not in accordance with the laws and regulations, raises legal problems in the community. The study will analyze the problem of chash waqf  law and its juridical solution’s. This research in Central Java, by taking research samples from Boyolali, Salatiga, Regency and City of Semarang. The aim was to analyze the implementation of cash waqf in Central Java and its benefits can be used as material for government policies in implementing cash waqf law. The research type was field research and data was in the form of primary and secondary data, which includes primary, secondary and tertiary legal materials. The data were analyzed using descriptive analysis. The research results of the problem of cash waqf law in Central Java is; low public interest in representing cash waqf, lack of coordination between cash waqf institutions (BWI and LKS-PWU), lack of human resources in understanding cash waqf, and misunderstandings about the meaning of cash waqf. Juridical solutions include; increasing BWI management resources, optimizing BWI's performance, socialization of waqf legal rules, forming a positive image of LKS-PWU, and increasing the professionalism of integrated management in managing waqf assets.
The Implementation of Article 43 of Law No. 41 of 2004 on Waqf in the Management of Productive Waqf Land Assets within the Muhammadiyah Organisation in Central Java Achmad Arief Budiman; Islamiyati Islamiyati; Aisyah Ayu Musyafah; Bunga Jasmine Puji Hapsari
Jurnal Pembangunan Hukum Indonesia Vol 8, No 1 (2026)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v8i1.140-164

Abstract

The research was conducted due to a legal gap between Article 43 of the Waqf Law and its problematic implementation regarding institutional accountability and the professional capacity of the Nadir. The objective of the research is to analyse the implementation of Article 43 of Law No. 41 of 2004 on Waqf in the management practices of Muhammadiyah’s productive waqf land assets in Central Java, with regard to legal compliance and institutional accountability. The benefit is to optimise the Muhammadiyah Organisation’s waqf institution in the management in question. The research method employs a juridical-empirical approach within a socio-legal research framework, integrating normative legal analysis and empirical investigation. Data were obtained through observation, documentation, literature review, and interviews with representatives from the Ministry of Religious Affairs (KEMENAG), the Indonesian Waqf Board (BWI), the Indonesian Waqf Asset Management Agency (PPAIW), and the Nadir, as well as the management of the Muhammadiyah Central Java Regional Branch. Data analysis was qualitative, using content analysis. The research findings indicate that Muhammadiyah has implemented Article 43 of the Waqf Law regarding the management of waqf land, transitioning from a traditional model towards a semi-productive governance model supported by the strengthening of asset legality, institutional governance, the collection of cash waqf, and the development of a legal culture within social functions and public services. However, its implementation faces obstacles in the form of: disparities in managerial capacity, a low orientation towards productive investment, and an administrative accountability system that is not yet optimal. In conclusion, the Muhammadiyah organisation in Central Java has implemented the management of semi-productive waqf land; however, there is still a need to strengthen the legal status of waqf land assets and to optimise strategies for the management of productive waqf land based on community needs.
Co-Authors Achmad Arief Budiman Aisyah Ayu Musyafah Aisyah Ayu Musyafah Bunga Jasmine Puji Hapsari Dewi Hendrawati