Waqf land certificates are needed to safeguard waqf assets, so that they are protected from land mafias. According to the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) Hadi Tjahjanto, many waqf lands built for the benefit of places of worship and Islamic boarding schools are still in unclear status. These places of worship do not yet have an official land certificate. Waqf lands that do not have legal clarity are vulnerable to being claimed by irresponsible parties for personal gain.
Waqf Land Certificate Case Data
Based on SIPP data from the Directorate General of Badilag, 53 cases of waqf land disputes occurred in Indonesia from 2020 to 2022. This data shows an increase in cases every year since 2020-2022. In the future, the cases have the potential to continue to increase. The cause of this dispute was triggered by the nadzir party not having a waqf land certificate, so he/she did not have legal protection for the waqf land.
Cases of waqf land disputes that occur in Indonesia are mostly based on the problem of nadzir’s incompetence in managing property and administering waqf. Many nadzir who after receiving waqf land do not immediately transfer their ownership rights in the form of documents in the name of waqf property. So that it can be easily disputed by other parties, it can be the heirs (from the waqif family) or certain individuals and institutions who want to own the land.
Also read: Wakaf Produktif: Membangun Ekonomi Islam Berkelanjutan
So it is very important for us to choose a nadzir who is really able to manage waqf assets well. Nadzir must also continue to learn and develop the ability to manage waqf assets productively, especially in managing the administration of waqf assets, such as the management of waqf land certificates, so that waqf assets can be legally protected.
Waqf Land Certificate Protects Places of Worship
Places of worship have a very important role in people’s lives. As a spiritual and social center, places of worship become places to get closer to God and strengthen brotherhood between religious communities. In supporting the sustainability and important role of places of worship, the use of waqf land to build places of worship is one of the useful solutions.
Using waqf land for places of worship will have more guaranteed sustainability opportunities. Waqf land is a trust intended for the benefit of religion and society, so that places of worship will continue to function and provide long-term benefits. Places of worship built on waqf land, must immediately take care of the certificate of ownership in the name of the waqf property. So that in the future, they cannot be disputed by other parties who do not deserve them.
Also read: Masjid Nabawi, Wakaf Pertama Rasululllah
Case Example of Mosque Waqf Land Certificate
Masjid Agung Jami’ in Malang, this mosque is one of 10 mosques that have obtained a valid waqf land certificate. The certificate was given directly by Mr. Hadi Tjahjanto, as Minister of Agrarian and Spatial Planning / Head of the National Land Agency (ATR / BPN), to the takmir of Masjid Agung Jami’.
Mr. Hadi Tjahjanto at the time of handing over the waqf land certificate conveyed to all parties, especially to the nadzir / mosque managers, to immediately apply for making a waqf land certificate. Because this is also a direction from the President of the Republic of Indonesia, Joko Widodo, so that all waqf lands can obtain certificates.
Cases of disputes over waqf land for mosques or places of worship are very prevalent in Indonesia. One of them happened in Tanjungpura Village, West Karawang District. A mosque that was still under construction had to be delayed due to a dispute by the heirs of the waqif. The nadzir did not yet have a waqf land certificate, because he had not submitted a certificate to BPN. This then became the subject matter and was easily disputed by the heirs of the waqif.
Certificates play an important role as official proof of land ownership. By having an official certificate, the status of land ownership becomes legal in the law’s point of view, and places of worship are protected from the efforts of parties who are not entitled to claim ownership of the land. Strong legal legitimacy is the first defense in safeguarding places of worship from the threat of future ownership disputes.
Maintaining the Sustainability of the Hospital Waqf Program
Waqf land certificates are very important to maintain the continuity of the hospital waqf program. The hospital waqf program here can be in the form of a hospital construction program on waqf land or hospital programs such as free medicine, health counseling, and so on. In order to avoid obstacles in carrying out the program, we should have taken care of the waqf land certificate in advance. By having a legal certificate, we can ensure that the land is still directed for the benefit of public health in accordance with the original intention of the waqif.
The existence of certificates makes it easier for waqf hospitals to apply for various permits, access aid funds, and get support from other parties, either in the form of funds, medical equipment, or expert assistance. With this support, the hospital waqf program can run more smoothly and efficiently, and can develop sustainably.
Also read: 3 Wakaf Rumah Sakit yang Pernah Memberikan Banyak Manfaat Bagi Umat Islam
Protecting the Locations of Education, Learning, and Teaching Processes
Waqf land certificates also play a role in protecting the locations of the education, learning, and teaching processes. In places like schools, Islamic schools, colleges, and other educational institutions. Waqf land that has been dedicated to education, cannot be used for purposes other than education in accordance with the original intention of the waqf giver. The certificate clearly states the purpose of the waqf. So that the use of the land cannot be switched without permission or cannot be changed in accordance with the law.
A valid certificate allows educational institutions to legally invest and develop. For example, the construction of new buildings, libraries, laboratories, and other supporting facilities to improve the quality of the learning and teaching process.
Educational institutions with valid waqf land certificates can get support from the government or other institutions committed to educational development. This support can take the form of financial assistance, development programs, or other facilities that strengthen education infrastructure.
Waqf land certificates play an important role in protecting places of worship, hospitals, and schools. With valid certificates, mosque takmirs, hospital managers, and educational institutions get legal certainty over land ownership. Certificates protect land from changes in use functions, support development and investment. It also ensures the sustainability of future religious, medicinal, and educational programs, so that it creates a harmonious environment and makes a positive contribution to the quality of life of the community.
Also read: Potensi Luas Manfaat Wakaf pada Cash Waqf Linked Sukuk
How to Certify Waqf Land
Based on the regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 2 of 2017 concerning Procedures for Waqf Land Registration. Explaining the process of certification of waqf land is as follows:
Completing waqf land certification requirements
Based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of BPN Number 2 of 2017 concerning Procedures for Waqf Land Registration. It stipulates the requirements for registering waqf land, namely:
- Application letter
- Letter of measurement
- The relevant Certificate of Title or proof of legal ownership
- Waqf Pledge Deed (AIW) or Deed in Lieu of Waqf Pledge Deed (APAIW)
- Letter of attestation of the nadzir concerned from KUA
- Statement letter from the nadzir that his land is not in dispute, case, confiscation and not guaranteed
Procedures for registering waqf land certificates
Waqf land in the form of Property Rights, Business Use Rights, Building Use Rights, Use Rights on State Land is registered as waqf land in the name of nadzir. Here are the registration steps:
- PPAIW on behalf of Nadzir submits the required documents to the Land Office
PPAIW on behalf of Nazhir submits AIW or APAIW and other documents required for registration of Waqf Land in Nazhir’s name to the Land Office, within a maximum period of 30 (thirty) days from the signing of AIW or APAIW. (Article 2, verse 2)
2.Nadzir submits an application to the local BPN office
The applicant submits an application to the local BPN office by attaching: application letter, measuring letter, relevant title certificate or proof of legal ownership, AIW or APAIW, relevant Nazhir attestation letter from KUA, and statement letter from Nazhir that his land is not in dispute, case, confiscation, and not guaranteed.
- Certificate is published
The Head of the Land Office issues the Waqf Land Certificate in the name of Nadzir, and records it in the Land Book and Land Rights certificate in the column provided.
Those are the procedures or stages of registering waqf land certificates that we can learn together. But for more details, you can come directly to the local BPN office. So that the process of registering waqf land certificates that we take care of can run smoothly.
Also read: Dompet Dhuafa Terima Penghargaan BWI sebagai Nazhir Wakaf Terbaik
Waqf with Dompet Dhuafa
Friends, we certainly have to prepare ourselves before returning to the afterlife. One of the unbroken jariyah practices and its benefits is with waqf. Participating in the joint venture of the waqf program in Dompet Dhuafa becomes one of the efforts to save rewards. Click the following link for more waqf information.