LEGALITAS PERWAKAFAAN TANAH HAK MILIK MASYARAKAT: (Study Kasus Di Kabupaten Boyolali)

The study aimed at investigating the legality of endowment land (waqf) ofcommunity property rights in Boyolali subdistrict of Boyolali Regency and theproblems that arise in the implementation of endowment land of communityproperty rights in Boyolali subdistrict of Boyolali Regency.This was a qualitative research employing field research and libraryresearch. Field research was employed to obtain accurate and objective data, facts,and information concerning problems of endowment land certification in Boyolalisubdistrict of Boyolali Regency. Conceptual approach and doctrin that develops inIslamic law were employed to construct legal argumentation to solve legal issuesfaced. Techniques of collecting data were documentation and interview.Descriptive analysis was used to analize the data. After the data were obtained,they were classified, processed, analized, and drawn conclusion. The sourcesemployed in the research were books and the laws inforced in Indonesia.Moreover, data source was obtained from the results of interviews with relatedparties.Registration of endowment land in Boyolali subdistrict started withmaking certificate of endowment pledge (AIW). The legality of endowment landimplementation in Boyolali regency was legal in fiqh although it was notconsidered legal according to positive law inforced in Indonesia because theregistration of it had not been completed which resulted in suspension of legalforce. The problems of the endowment land in Boyolali subdistrict of BoyolaliRegency were affected by several factors, such as: the indifference of fewendowment managers (Nadzir) about the importance of endowment land legality,the cost spent, the difficulty in the endowment land registration process which didnot have certificate of ownership and the endowment land fraction, lack oftransparency from the National Land Agency (BPN) about the registration ofendowment land, and the belief of the head of the religious affairs office(KUA/PPAIW)that only endowment manager (Nadzir) was obliged to registerendowment land (waqf) at the National Land Agency.Key words: legality , endowment land (waqf), positive law