E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 2, Issue 6, 2022

Legal Protection Against Ded in Substitute of Wakaf Pledge Deed (APAIW): Analysis of APAIW Number: W3/02/I/1983 Dated 22 January 1983

Author(s): Said Munassar, Suhaimi, Teuku Saiful


One of the elements of waqf as regulated in Law Number 41 of 2004 concerning Waqf is the designation of waqf assets. Waqf assets are allocated in accordance with the purpose of the waqf pledged by the wakif at the time the property is donated. However, it was found that there were cases regarding Deeds in lieu of Waqf Pledge Deeds (APAIW) where the designation of waqf assets was not in accordance with the waqf pledge. Therefore this paper will discuss the legal protection of Deeds in lieu of Waqf Pledge Deeds (APAIW), especially APAIW Number: W3/02/I/1983 dated January 22, 1983. According to research results it turns out that APAIW's allotment of waqf assets is not in accordance with the pledge Waqf has no legal protection. This is as decided by the Meulaboh Syar'iyah Court Judge through his decision Number 0146/Pdt.G/2015/MS-Mbo dated April 27 2016, which decided that the Deed of Substitute Deed of Waqf Pledge (APAIW) with Number W3/02/I/ 1983 dated January 22, 1983 has no legal force. So that a deed that does not have legal force means that the deed does not get legal protection, because the strength value of the deed no longer exists.

Keywords: Legal Protection, APAIW, Waqf

Pages: 521-526

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