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VOL. 6, ISSUE 6 (2020)
Reconstruction of the Indonesia’s wakaf institution as an independent legal agency to optimize the management of assets of wakaf as an effort to make a just and prosperous state
Authors
Faisal, Muhibbin, Sri Kusriyah, Muhammad Ngazis
Abstract
The existence of waqf as a form of worship of wealth (wealth) that can contribute to economic activity is one of many ways to improve the welfare of society and reduce poverty however, the existing laws and regulations do not specify the existence of an independent waqf institution as a separate legal entity. The dependence of the waqf institution will certainly have negative implications for the practice of waqf as its action in organizing the waqf is not optimal. The focus of this research study is Why Waqf Institutions in Indonesia are not formed as Independent Legal Entities as an effort to create a Just and Prosperous State and How to Construct a Waqf Institution as an Independent Legal Entity to Create a Just and Prosperous State which is studied using the constructivism paradigm with an empirical research approach or sociological starting from primary or basic data, namely data obtained from the field which is carried out through observation, interviews, or questionnaires.
Based on the results of the research, the position and function of Nazhir, in reality, has not shown what is meant in the meaning of Nazhir itself. This is because the rules related to Nazhir, both regarding the position, role, and function have not been clearly and concretely regulated. The problem faced by waqf institutions, including BWI at this time is the inability to move dynamically, because all activities of the existing waqf institutions cannot run according to the rules of the provisions of the waqf itself, aside from the lack of clarity in regulations, the waqf institution cannot be separated from the government's shadow. existing waqf institutions as regulated in Law no. 41 of 2004, does not specifically explain the connotation of the institution attached to the waqf itself which includes wakif, Nazhir, both individuals, organizations, and legal entities. So that the urgency of reconstruction to reconstruct the Waqf Institution, needs to be done by making it truly an independent legal entity.
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Pages:188-194
How to cite this article:
Faisal, Muhibbin, Sri Kusriyah, Muhammad Ngazis "Reconstruction of the Indonesia’s wakaf institution as an independent legal agency to optimize the management of assets of wakaf as an effort to make a just and prosperous state". International Journal of Law, Vol 6, Issue 6, 2020, Pages 188-194
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