Legal Analysis of Non-Litigious Settlement of Waqf Land Disputes by the Land Office of Bima Regency

Authors

  • Kris Wardiansyah Master of Law Studies Program, Faculty of Law, Social Sciences and Legal Studies, University of Mataram, Indonesia
  • H. Arba Master of Law Studies Program
  • Haeratun Master of Law Studies Program, Faculty of Law, Social Sciences and Legal Studies, University of Mataram, Indonesia

DOI:

https://doi.org/10.31305/rrijm.2024.v09.n02.023

Keywords:

Dispute, Waqf Land, Mediation

Abstract

This study aims to analyze what factors influence the process of resolving waqf land disputes and their resolution solutions. This is empirical legal research with the approach of legislation, conceptual, case, and legal sociology. The influencing factors are the status of the land that is the object of the dispute, the land rights attached to the parties, the legal position of the land rights of the parties, and the identified maladministration carried out by the Land Office of Bima Regency. Furthermore, the solutions provided by the Head of the Land Office of Bima Regency issued a Decree to cancel the certificate of ownership of Madawau Village community members obtained from the National Agrarian Reform Program (PRONA) in 2015 because there were administrative and legal defects in the subjects and objects of land, restoring property rights to land and providing protection and legal certainty to the Bima Islamic Foundation.

Author Biographies

Kris Wardiansyah, Master of Law Studies Program, Faculty of Law, Social Sciences and Legal Studies, University of Mataram, Indonesia

Kris Wardiansya was born in Bima on December 22 1998. In 2018 he completed his high school studies in Labuapi, West Lombok Regency, West Nusa Tenggara, Indonesia. While he was in high school, he joined the THEATER organization and served as general chairman, apart from that, he was often the school's proud student in the field of theater at regional and national levels. he is experienced in handling his school program. In 2022, he received a Bachelor of Laws degree from the Faculty of Law, Muhammadiyah University of Mataram, West Nusa Tenggara, Indonesia. He focused on civil studies which led him to continue on to an upper level program. Currently he is registering as a Master of Law student at Mataram University. The author can be contacted at email: wardiansyahkris@gmail.com

H. Arba, Master of Law Studies Program

Arba, Born in Wora village, Wera sub-district, Bima regency, West Nusa Tenggara, he obtained a law degree from Mataram University in 1986, he obtained a Master's degree in Law at Diponegoro University in 2002. He received his doctoral program from Brawijaya University in 2012. Actively teaching students S1 to S3 at the Faculty of Law, University of Mataram. He teaches courses, agrarian law and politics, land law politics, agrarian law, introduction to Indonesian law, natural resources law, housing and settlement law, law and society, mortgage rights law, spatial planning and land use law, land acquisition law for the public interest. Even though he is busy teaching, he also carries out mentoring activities for master's and doctoral students, and is often a resource person in various activities in the land sector. He is also active in writing books such as books on Indonesian agrarian law, Mortgage Law, Land Acquisition Law for the public interest. The author can be contacted via email: arba@unram.com

Haeratun, Master of Law Studies Program, Faculty of Law, Social Sciences and Legal Studies, University of Mataram, Indonesia

Haeratun, he obtained a Bachelor of Religion degree from Darul Ulum University in 2001. He obtained a Master of Law degree at Airlangga University in 2004, he obtained a Doctoral Program from Sebelas Maret University in 2023. Actively teaches undergraduate to doctoral students at the law faculty of Mataram University. He teaches courses, religious justice, sharia economic law, sociology, Islamic law, Islamic law institutions and instruments, customary law, religious court procedural law, alternative dispute resolution environmental law, marriage law, family law, sharia banking law, and many more. other lectures he taught. Even though he is busy teaching, he also supervises master's, doctoral and bachelor's degree students, and often serves as a representative of the University of Mataram in research groups in the field of science at the Institute for Research and Community Service. The author can be contacted via email: haeratun@unram.com

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Published

15-02-2024

How to Cite

Wardiansyah, K., Arba, H., & Haeratun. (2024). Legal Analysis of Non-Litigious Settlement of Waqf Land Disputes by the Land Office of Bima Regency. RESEARCH REVIEW International Journal of Multidisciplinary, 9(2), 215–222. https://doi.org/10.31305/rrijm.2024.v09.n02.023

Issue

Vol. 9 No. 2 (2024): RESEARCH REVIEW International Journal of Multidisciplinary

Section

Articles

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This is an open access article under the CC BY-NC-ND license Creative Commons Attribution-Noncommercial 4.0 International (CC BY-NC 4.0).