BARRIERS TO THE IMPLEMENTATION OF ARTICLE 43 SUB-SECTION (2) OF LAW NO.41 FROM 2004 REGARDING WAQF PROPERTY MANAGEMENT AND OPERATION OF THE PRODUCTIVE WAQF (Cash Waqf Management Studies at Baitul Maal Hidayatullah Malang)
ABSTRACT: The emergence of a
new discourse in exploring the potential of people who can be utilized to build
communities solidarity through cash waqf concept. Cash waqf practice is
relatively new in Indonesia. This type represents waqf object other than land
and building waqfs that are immovable. It strated with the introduction of waqf
cash waqf certificate (cash waqf certificate) as well as the establishment of
the Social Investment Bank Limited (SIBL)body, which function as an agency that
raises funds from the wealthy people through cash waqf certificate. This study
has the objective to be achieved at the end of this research, which is to
describe and analyze the implementation of Article 43 paragraph (2) of Act 41
of 2004 in the management and development of waqf properties conducted productivally,
to identify, describe, and analyze the distribution system of cash waqf funds
received by the Baitul Maal Hidayatullah Malang providing benefits to the community,
to identify, describe, and analyze the enabling and inhibiting factors experienced
by Baitul Maal Hidayatullah Malang in
receiving and managing cash waqf. This research is a juridical-empirical study
on barriers for the implementation of Article 43 Paragraph (2) of Act 41 of 2004 on Waqf in the management and implementation
of cash waqf property in a productive manner. The research approach used in
this study is the juridical-sociological approach. It examines the problem in accordance
with facts gathered fromthe field that could be linked to the prevailing legal
norms, and the legal theories that exist. In effort to raise funds from the
public in form of cash waqf, BMH Malang who directly or indirectly act as
nadzir waqf, has taken several steps in the approach to potential benefactors
in cash waqf program, through a religious approach and the social approach.
Distribution of cash waqf funds that have been collected by BMH Malang put into
a special fund group, because BMH realize that integrity of these waqf assets
must be maintained. In promoting these
cash waqf program, BMH Malang realizes that there are some things that support
as well as hinder BMH Malang measures.
Author: TALITHA RAKHMA MAULIDA
Journal Code: jphukumgg130028
