KEDUDUKAN NAZHIR YANG TIDAK TERDAFTAR PADA KEMENTERIAN AGAMA DAN BADAN WAKAF INDONESIA SEHUBUNGAN DENGAN HARTA BENDA WAKAF DITINJAU DARI UNDANG-UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF

Abstract

Nahzir waqf is responsible for maintaining and managing waqf property in accordance with its intended purpose. As per law number 41 of 2004, article 1 paragraph (4), the Nazhir is the recipient of waqf property and is entrusted with its management and development. The Nazhir plays a crucial role in the waqf system as they are essential for achieving the optimal utilization of waqf. This raises the question of the Nazhir's position in Law no. 41 of 2004 and the legal consequences for unregistered Nazhirs with the Ministry of Religion and the Indonesian Waqf Board. The legal theory employed in this context is the theory of legal consequences and the theory of legal certainty. The research methodology employed in this study is normative juridical research, which combines interviews with library law research utilizing primary, secondary, and tertiary legal sources. The research approach encompasses the Statute Approach, Conceptual Approach, Analytical Approach, and Case Approach. The technique used to gather legal materials involves identifying and cataloging positive legal rules, literature books, journals, and other relevant legal sources. The analysis of legal materials involves legal interpretation, systematic interpretation, and legal construction methods. The research findings regarding the position of Nazhir waqf in law no. 41 of 2004 reveal that waqf land that fails to meet the required administrative provisions, as specified in the legislation, leads to inequality and imbalance in terms of legal certainty, especially when compared to waqf land that possesses proper certificates. Consequently, the legal consequence for a Nazhir who is not registered with the Ministry of Religion and the Indonesian Waqf Board is that their status as the manager of waqf land, without fulfilling the necessary administrative requirements stated in the legislation, results in inequality and imbalance in terms of legal certainty.