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All Journal Jurnal Sosial Humaniora JURNAL ILMIAH LIVING LAW Tatsqifiy: Jurnal Pendidikan Bahasa Arab AL - KAFF: JURNAL SOSIAL HUMANIORA
Radif Khotamir Rusli
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Religion Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : JURNAL ILMIAH LIVING LAW

 1 
Legal Certainty of Property Law and Property Rights in Relation to Asta Cita's Prabowo Vision Taufik Mappaenre; Martin Roestamy; Radif Khotamir Rusli; Asep Thobibudin Qolyubi
JURNAL ILMIAH LIVING LAW Vol. 17 No. 2 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i2.22265

Abstract

This study examines property law reforms under President Prabowo's administration, particularly through the lens of his vision, Asta Cita, which emphasizes economic transformation, regulatory efficiency, and inclusive governance. Indonesia faces significant challenges in land governance, such as overlapping regulations, conflicts between customary (adat) and national laws, and weak enforcement mechanisms. The administration aims to harmonize traditional and modern legal systems, streamline land registration, and foster investor confidence. The research analyses key legislative reforms, including the Omnibus Law on Job Creation and the Basic Agrarian Law, as well as case studies on property disputes. It finds progress in digitalizing land administration and simplifying land registration, but highlights persistent issues like fragmented policy implementation, inconsistent recognition of adat rights, and inadequate dispute resolution mechanisms. The study proposes solutions such as creating a unified land registry, improving national-regional coordination, and incentivizing faster dispute resolution to enhance property law effectiveness. However, it acknowledges the speculative nature of policy predictions and the lack of empirical data on land disputes, suggesting the need for further research. By offering both theoretical and practical insights, this study contributes to the discourse on Indonesia’s property law reforms and provides actionable recommendations for policymakers, legal professionals, and investors.
Legal Analysis of Cash Waqf-Based Real Estate Development in Indonesia: Integrating Sharia Principles with Contemporary Business Law Yuherman; Yuhelson; Radif Khotamir Rusli
JURNAL ILMIAH LIVING LAW Vol. 17 No. 2 (2025): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v17i2.22946

Abstract

This study provides a comprehensive legal analysis of the regulatory framework governing cash waqf-based real estate development projects in Indonesia. It critically examines the integration of Sharia principles with contemporary Indonesian business law, focusing on the legal challenges and opportunities that arise from this intersection. The research employs a normative legal approach, analyzing statutory provisions, recent jurisprudence from 2022-2024, and relevant fatwas from the National Sharia Council (DSN-MUI). Key findings reveal significant regulatory gaps, including overlapping institutional authorities, weak enforcement mechanisms, and a lack of harmonization between Law No. 4 of 2004 on Waqf and Law No. 2 of 2008 on Islamic Banking. The study further explores the role of innovative financial instruments, such as Cash Waqf-Linked Sukuk (CWLS), and the impact of recent OJK regulations on the participation of Islamic banks in waqf-based projects. By offering a detailed analysis of these legal dynamics, the research proposes a multi-faceted strategy to enhance legal certainty, strengthen governance, and unlock the full potential of cash waqf for sustainable and inclusive real estate development in Indonesia. The paper concludes with actionable recommendations for policymakers, regulators, and practitioners to foster a more robust and Sharia-compliant ecosystem for waqf financing.
Co-Authors Agung Mutaqqien Asep Thobibuddin Qolyubi Desky Halim Sudjani Gugun Gunadi MA Kholik Mauldi Agdaen, Arby Mutiara, Fikni R. Siti Pupu Fauziah Rahmat, Firda Fauzya Roestamy, Martin Taufik Mappaenre Yuhelson Yuhelson Yuherman Yusi Sundari Choirunisa