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Monaya, Nova

Universitas Djuanda Bogor

Author-ID : 887306

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DEVELOPMENT MODEL OF BUILT OPERATE AND TRANSFER (BOT) OVER WAQF LAND PRODUCTIVITY Monaya, Nova
JURNAL ILMIAH LIVING LAW Vol 9, No 1 (2017): JURNAL ILMIAH LIVING LAW VOL.9 NO.1 2017
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Build, Operate, Transfer (BOT) is an agreement that provides solutions between parties that have common interests but with their respective limitations that require the ability or ability of others to realize mutual benefits, for example one party has a plot of land that can be optimized for the benefit of the business to take advantage of the assets owned but due to limited funds or expertise in the field of asset management owned by inviting third parties to optimize the land to be utilized. From the BOT agreement there are many things that can be done and many advantages from third party communities including landowners, so that the land is not abandoned land or sleeping land. Waqf in the context of positive law as Law No. 41 of 2004 on Waqf, has inherited the rigid, closed, and narrow nature of its movement space permanently. This is due to the excessive concerns of the Naqwa waqf and the people around the land of waqf. Due to the nature of this rigidity, many land waqf which became the land of sleep, especially the manager of education and social activities, whereas land waqf land in a strategic location. This study aims to find a way out of the legal deadlock by harmonizing the law of land waqf with the approach of the law of covenant and the law of civil and land law as a pillar of increasing land productivity waqf. The research method used is a normative juridical approach with secondary legal materials from experts as well as comparative studies abroad that have implemented BOT on waqf land or utilizing objects on land waqf in perspective Islamic Business Law.Keywords : Built Operate Transfer (BOT), Waqf Law, Horizontal Separation Principle

DEVELOPMENT MODEL OF BUILT OPERATE AND TRANSFER (BOT) OVER WAQF LAND PRODUCTIVITY Nova Monaya
JURNAL ILMIAH LIVING LAW Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Build, Operate, Transfer (BOT) is an agreement that provides solutions between parties that have common interests but with their respective limitations that require the ability or ability of others to realize mutual benefits, for example one party has a plot of land that can be optimized for the benefit of the business to take advantage of the assets owned but due to limited funds or expertise in the field of asset management owned by inviting third parties to optimize the land to be utilized. From the BOT agreement there are many things that can be done and many advantages from third party communities including landowners, so that the land is not abandoned land or sleeping land. Waqf in the context of positive law as Law No. 41 of 2004 on Waqf, has inherited the rigid, closed, and narrow nature of its movement space permanently. This is due to the excessive concerns of the Naqwa waqf and the people around the land of waqf. Due to the nature of this rigidity, many land waqf which became the land of sleep, especially the manager of education and social activities, whereas land waqf land in a strategic location. This study aims to find a way out of the legal deadlock by harmonizing the law of land waqf with the approach of the law of covenant and the law of civil and land law as a pillar of increasing land productivity waqf. The research method used is a normative juridical approach with secondary legal materials from experts as well as comparative studies abroad that have implemented BOT on waqf land or utilizing objects on land waqf in perspective Islamic Business Law.Keywords : Built Operate Transfer (BOT), Waqf Law, Horizontal Separation Principle

Aanknopingspunten Between Civil Law and Islamic Law In The Utilization Of Wakf Land For The Interests Of Wakf Land Productivity Monaya, Nova; Asep Thobibudin Qolyubi
JURNAL ILMIAH LIVING LAW Vol. 16 No. 1 (2024): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v16i1.11547

The aim of this research is to find solutions to legal problems or conflicts that have never been resolved between productivity and users of waqf land, namely with new ideas about land obtained from building buildings on waqf land by conducting a comparative study in Saudi Arabia. The method used in writing is the library method, namely research used to collect information and data with the help of various materials available in the library, with data collection techniques by reviewing books, journals, literature, notes, and several reports related to the problem you want. solved. Data were analyzed and presented descriptively. The results of the research, namely Aanknopingspunten between civil law and Islamic law in the use of waqf land for the purposes of waqf land productivity, can provide a solution to the rigidity of waqf land which prohibits it from being sold, gifted or inherited and guaranteed, so that waqf land does not become abandoned land because it has been managed in an appropriate manner. fairness. Keywords : Aanknopingspunten, Islamic Law, Civil Law, Waqf Land

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Journal : JURNAL ILMIAH LIVING LAW