THE URGENCY OF WAQF LAND CERTIFICATION AT THE SUNAN AM-PEL SURABAYA FOUNDATION

Abstract

In many parts of Indonesia, there is excessive land utilization by religious and communal groups for individual gain. This condition is caused by the lack of registration of land owned by religious and communal organizations in accordance with existing legal regulations. As a result, there is legal ambiguity regarding the ownership and utilization of waqf land. This research aims to provide an understanding of the urgency of waqf land certification at Sunan Ampel Foundation Surabaya. The research method used is a normative legal approach. This thesis research uses descriptive research type. The results found that the status of waqf land in Sunan Ampel Foundation Surabaya was declared valid as waqf land and was not an individual land, but was still in dispute and dualism of management. The Sunan Ampel Foundation filed a lawsuit at the Surabaya Religious Court regarding the Status of the Sunan Ampel Foundation Land and the Sunan Ampel Tomb Area located on Jalan Ampel Masjid No. 53 Surabaya, with case number: 6345/Pdt.G/2021/PA/Sby, because the current management unilaterally changed the name of the foundation without the consent of the old nadzir. The process of waqf land certification at the Sunan Ampel Foundation Surabaya, where the Sunan Ampel Foundation officially had a certificate and was legally recognized in 1973, with the Decree number of the Ministry of Justice of the Republic of Indonesia Number: A-3508.HT.03.04.TH.1973 Minister of Justice of the Republic of Indonesia, represented by Notary Doerajad Moelyadi, S.H Number 1221 / DM / Not.SBY / V / 1973 dated October 21, 1973. The waqf process at the Sunan Ampel Surabaya Foundation is still not in accordance with the waqf procedures contained in the laws and regulations, because there are still disputes over management.