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All Journal JURISTA : Jurnal Hukum dan Keadilan Journal of Innovative and Creativity
Husni Bin Abdul Jalil
Universitas Islam Negeri Ar-Raniry Banda Aceh
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Tanggung Jawab Hukum Penerbitan Sertifikat Hak Milik Di Wilayah Laut Indonesia Dalam Persfektif Siyasah Idariyah Alfi Rahma Dhani; Husni Bin Abdul Jalil; T Surya Reza
Journal of Innovative and Creativity Vol. 5 No. 2 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i2.3275

Abstract

This study discusses the issuance of Land Ownership Certificates (SHM) in Indonesian maritime areas that are contrary to the provisions of agrarian law and land administration. Based on Articles 4 and 5 of Law Number 5 of 1960 concerning Agrarian Principles (UUPA), and Article 9 of Government Regulation Number 24 of 1997 concerning Land Registration, maritime areas are not included in land objects that can be privately owned because they are public property controlled by the state. However, there are practices of issuing SHM in the PIK 2 maritime area that should not be able to be certified. This study uses a normative juridical method with a statute approach and a case approach. Data collection techniques are carried out through literature studies and analyzed qualitatively. The results of the study indicate that there is legal responsibility by three main parties. First, the village head is responsible for issuing land certificates (SKT) without verifying the boundaries and status of the land, including in maritime areas that are not under his authority. Second, Land Deed Officials (PPAT) are responsible if they continue to issue deeds for land located in maritime or state territory that do not meet legal requirements, thereby violating the principle of legality. Third, the National Land Agency (BPN) is responsible for continuing to issue certificates over maritime territory, even though the area is legally ineligible for certification. These three parties can be subject to administrative, civil, and even criminal sanctions depending on the violations. From an Islamic perspective, through the concept of siyasah idariyah, these actions also contradict the principles of justice, trustworthiness, and public welfare. Therefore, strict supervision and administrative corrections are needed to ensure that land policies align with national law and Islamic sharia values
The Effectiveness of Cash Waqf Regulation in Banda Aceh, Indonesia: Examining Local People’s Perspectives Dhilla Fadhilla; Mizaj Iskandar; Husni bin Abdul Jalil
JURISTA: Jurnal Hukum dan Keadilan Vol. 9 No. 1 (2025): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jurista.v9i1.232

Abstract

The purpose of this essay is to examine the community's opinions about cash waqf, its regulations, and its rules in relation to fiqh. One option available to Muslims in Banda Aceh City for allocating funds for worship is cash waqf. On a practical level, however, society is still unaware that cash waqf exists, and academics continue to hold differing views at the fiqh level. This is why a legislative method and a conceptual approach were used in the writing of this study. According to the study's findings, one type of transportable waqf is cash waqf. Classical and modern academics continue to disagree on the constitutionality of the legislation from a fiqh standpoint. The Waqf Law, Government Regulations Implementing the Waqf Law, Minister of Religious Affairs Regulations, and BWI Regulations are among the legal provisions in Indonesia that have made cash waqf acceptable. When it comes to Aceh, Qanun Baitul Mal is where monetary waqf is managed. In reality, certain Acehnese citizens, particularly those in Banda Aceh City, are aware of the cash waqf regulations, while others are not yet aware of them. Although Banda Aceh City residents are generally lenient and accept financial waqf, socialization initiatives by associated organizations are thought to be underutilized. Therefore, there must be a concerted effort to maximize community socialization and cash waqf product branding. Cash waqf requires a particular rule in the form of a qanun, which is an extension of the current Qanun Baitul Mal.
Co-Authors Alfi Rahma Dhani Dhilla Fadhilla Mizaj Iskandar Usman T Surya Reza