At-Ta’awun: Jurnal Mu’amalah dan Hukum Islam
Vol 1 No 1 (2022): At-Ta’awun: Jurnal Mu’amalah dan Hukum Islam

Analisis Normatif-Yuridis Tentang Penggantian Nadzir Tidak Cakap Dalam Pengelolaan Wakaf (Studi Putusan Nomor 460 K/AG/2019)

Fatma, Umi (Unknown)



Article Info

Publish Date
18 Apr 2022

Abstract

One of the problems is in the Supreme Court Decision Number 460K/AG/2019 regarding the replacement of Nadzir who is incompetent in waqf management. This study aims to find out how the legal considerations that the judge decided in the case of Decision Number 460 K/AG/2019 regarding the Replacement of Nadzir and to find out how the normative-juridical analysis of the legal considerations of the decision of the Majlis Judges at the cassation level Number 460K/AG/2019 regarding the replacement of Nadzir was made. cancel the decision of the Samarinda Religious High Court Number 36/Pdt.G/2018/PTA.Smd. Methods This research uses the type of library research (library research). Data collection is more emphasized on the study of literature in the form of legal rules and theories of legal science and the Supreme Court Decision Number 460K/AG/2019. The results of the analysis of the judge's considerations in this decision concluded that first, based on the facts of the trial, Nadzir waqf was proven negligent or incompetent in the management of waqf, Second, that Judex facti had made a mistake in applying the law, so the judge granted the petition from the Plaintiff, namely canceling the Decision of the Religious High Court. Samarinda No. 36/Pdt.G/2018/PTA.Smd, and upheld the decision of the Tanah Grogot Religious Court Number 907/Pdt.G/2017/PA.Tgt.

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Journal Info

Abbrev

atw

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

This Journal specializes in studying the theories and practices of Sharia Economic Law and Islamic law in Islamic countries and is intended to express original researches and current issues. This journal welcomes the contributions of scholars from related fields warmly that consider the following ...