PERAN PEMERINTAH DALAM REGULASI PERUNDANG-UNDANGAN WAKAF

Abstract

Waqf development is largely determined by the legal and
regulatory certainty Legislation endowments. Therefore, the relevance and
contribution to the socio-political context to meet the objectives of legislation,
and its relation to the various activities of the institution of waqf very
noteworthy. Likewise, how the political configuration contribution to the
establishment and improvement of the legal construction that can support
the implementation of the endowment in order to improve the welfare of the
people. The government’s role in strengthening the existence of endowments
by issuing the Law perwakafan has been done; including in Egypt, starting
from the Act. Egypt No. 10 Year 1911 and Law. Egypt No. 103 1961. While
in Indonesia, the existence of endowments increasingly getting nowhere
with the issuance of Government Regulation No. 28 Year 1977 on Land
Owned perwakafan, which contains elements of substance and technical
perwakafan. Issuance of Government Regulation No. 28 In 1977 it created
the updates are very important in the management of waqf property. These
regulations provide for the legality of the exchange bolehnya waqf property
after obtaining permission from the Ministry of Religion. Other rules that
bring renewal in the management of waqf is a Presidential Instruction No. 1
of 1991 concerning Islamic Law Compilation (KHI). Law No. 41 of 2004 on
Endowments and PP 42 of 2006 on the Implementation of Law No. 41 of 2004.