Aulia Rachman
Universitas Islam Negeri Sultan Aji Muhammad Idris Samarinda

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Legalisasi Aset Wakaf di Samarinda Moh. Mahrus; Aulia Rachman; Muhammad Iqbal
FENOMENA Vol 11 No 2 (2019): FENOMENA VOL 11 NO. 2, 2019
Publisher : LP2M UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (170.678 KB) | DOI: 10.21093/fj.v11i2.1424

Abstract

Legalization of Waqf Assets in Samarinda is an attempt to find out the concept of safeguarding waqf property in national legal representation which is manifested in the reality of waqf property in Samarinda. This study uses qualitative approach. In the real term, the legalization effort is carried out by accurately documenting it, either in the form of a waqf pledge deed, replacement deed or in the form of a waqf land certificate. The efforts to realize the legal status of waqf assets are a form of realization of benefit. Actually, this becomes the task of managements gather with other relevant agencies, namely the Ministry of Religion, the Indonesian Waqf Board, and the National Land Agency. The strategy adopted is to register, administer, announce the existence of waqf property and monitor it. While the challenges faced when seeking the legality of waqf assets include a lack of awareness about the legal status of waqf in the community. Also the lack of human resources that needs to be improved in competence, as well as the number of managements that have not been registered at the Indonesian Waqf Board. Whereas the opportunity is the existence of established regulations related to waqf, starting from the registration of waqf assets, management, supervision and even productivity, namely Law Number 41 of 2004 concerning Waqf.
Access to Justice for The Poors in The Sub Urban Area in The East Kalimantan Lilik Andaryuni; Abnan Pancasilawati; Aulia Rachman; Akhmad Haries
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol 10 No 1 (2026)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/qj.v10i1.12763

Abstract

Access to justice is a state guarantee to all its citizens, that every citizen must have access to justice. The facts on the ground, they are not easy to implement, due to the high costs of the case, the low public understanding of access to justice, low public awareness of accessing justice, as well as geographical conditions, especially with regard to distance travel and unsustainable transprotation. There are some religious courts that have very broad jurisdiction with geographical conditions, in which remote communities are not easy to reach the court office in question. One of the efforts made by the Supreme Court in the framework of justice for all, is a round trial. Whether the circuit court is capable of providing access to justice to remote communities, that's why this study is being conducted. Using the theory of legal effectiveness, the results of this study show that the execution of the mobile court the Religious Court of Tenggarong is effective and Religious Court of Sangata is not effective in giving access to justice because not all areas that are in the jurisdiction of religious courts fo Sangata are the place of execution. Besides, the public awareness is also low, as evidenced by the fact that sometimes the execution of circular hearings only few register.