IMPLEMENTASI WAKAF ISTIBDAL DALAM PEMBEBASAN LAHAN PEMBANGUNAN JALAN TOL (Studi Kasus Pembangunan Jalan Tol Surabaya-Mojokerto)

Abstract

The background of this research is the existence of massive infrastructure development by the government, one of which is the construction of the Surabaya-Mojokerto Toll Road. The construction process of the Surabaya-Mojokerto Toll Road passes through the land and buildings owned by residents, and including to waqf land. One of the waqf land affected by the construction process of the Surabaya-Mojokerto Toll Road is the Sabilun Najah Mosque. This phenomenon encourages researchers to raise research that discusses how the waqf istibdal process, both in terms of changes in waqf assets and in the administration process of licensing. This study uses a qualitative approach with a case study strategy. Data collection is done through interview techniques with relevant parties and related documents. The data analysis technique used is making explanations. The results of this study indicate that the process of changing the waqf assets of the Sabilun Najah Mosque runs in accordance with statutory procedures. The waqf istibdal process consists of the process of changing the waqf property and the licensing administrative process. The process of changing waqf property consists of planning, implementation, coordination between toll management and nazir, searching for replacement land, replacing land replacement processes, and the process of building a new mosque. The second process consists of a licensing process that starts from nazir, the Office of the Ministry of Religion Sidoarjo Regency, and the Regional Office of the Ministry of Religion of East Java.Keywords: implementation, waqf, waqf istibdal, mosque, land acquisition, toll road, Surabaya-Mojokerto Toll Road