Analisis Hukum tentang Peralihan Status Tanah Wakaf Menjadi Tanah Waris Milik Pribadi (Studi Putusan No. 2043/Pdt.G/2019/Pa.Smd)

Abstract

Article 40 of Law Number 41 of 2004 on Waqf stipulates that waqf property which has been endowed is prohibited from being used as collateral, confiscated, granted, sold, inherited, exchanged, or transferred in any other form of transfer of rights. This research examines the transfer of waqf status in a lawsuit for the annulment of waqf in the context of inheritance distribution that had been agreed upon by the parties. The resignation of the nazhir and the return of waqf property to the heirs carried out by the nazhir prompted the plaintiff to request the annulment of the Certificate of Ownership (Sertipikat Hak Milik/SHM) registered under the nazhir’s name to be transferred to the plaintiff, so that the waqf property could be managed by the plaintiff. The main objectives of this research are to analyze: (1) the legal regulation concerning the transfer of waqf land into inheritance land; (2) the legal consequences of transferring land that has been endowed as waqf into inheritance property; and (3) the legal analysis of the judges’ decision in Decision No. 2043/Pdt.G/2019/PA.Smd concerning a lawsuit for the annulment of waqf. The research method employed is a normative juridical method, with data collection conducted through library research using secondary data consisting of primary, secondary, and tertiary legal materials. The analysis used is qualitative analysis with case and statutory approaches. Based on the research findings, it is concluded that the transfer of waqf land to heirs by the nazhir constitutes an act that contradicts the fundamental principles of waqf law in Indonesia. Under Law Number 41 of 2004 on Waqf, waqf property is perpetual in nature and cannot be transferred, inherited, or owned privately. The resignation of a nazhir does not eliminate the waqf status, but merely requires the appointment of a new nazhir. The act of returning waqf land to heirs without a valid legal basis is considered an unlawful act and may be subject to administrative as well as criminal sanctions. The court decision in case No. 2043/Pdt.G/2019/PA.Smd affirms that land which has been validly endowed as waqf is no longer part of the inheritance estate, and the heirs’ claim to take over such land was rejected. Therefore, waqf must be respected as a form of perpetual charitable endowment (amal jariyah) that is protected by law.