THE IDEAL REGULATORY CONSTRUCTION OF JOINTLY OWNED WAQF LAND BASED ON JUSTICE VALUES

Abstract

Based on the provisions of Article 28 of the 1945 Constitution of the Republic of Indonesia, it explains that the recognition of equality of rights before the law between men and women. This certainly applies in providing space for equal rights to ownership of land which is a joint asset for women. The purpose of this study was to examine and to analyze the position of husband/wife as Wakif in jointly owned waqf land which is not yet based on justice, and to formulate the ideal construction of waqf land service regulation done by the official making the Waqf Pledge (PPAIW) based on the value of justice. This research used normative juridical method and used secondary data (ie primary, secondary and tertiary legal materials). Analysis of the data was done descriptive analytically. The results of the study found that the position of husband/wife as Wakif in the Joint Land Waqf Ownership was not yet Justice-based, because it had not yet realized women's equality in land ownership, especially in the provisions of Article 7, 8 and Article 18 of Law Number 41 year 2004 concerning Waqf. The ideal construction of legislation related to waqf that meets elements, including realizing women's equality in land ownership, elimination of barriers to land ownership for women