Perubahan Status Harta Benda Wakaf Berupa Tanah

ABSTRACT Waqf is a legal act of wakif to separate or give a part of his property to be used forever for the sake of worship and charitable purpose. Waqf land is used for all general human interests such as burial, mosques, and educational institutions. In law, the waqf property, such as land that the owner has donated, is prohibited from being transferred. The organization and legal entity can do not only individuals but also waqf. The party giving the waqf (wakif) can be in individuals, organizations, and legal entities. Waqf assets that have been donated cannot be sold or transferred in the form of other transfers of rights. In general, donated land registrants only include requirements starting from application letters, measuring letters, title certificates, or valid proof of ownership, AIW or APAIW, to statements from Nazhir regarding their land not in dispute, case, seizure, and not guaranteed. The method used in this research was library research, while the type of research was the law. Law was a form of primary law and secondary law. Primary law referred to legislation and legal journals, and secondary law refers to the internet, books, and other documents. These methods would be used to take a deeper look at changes in the status of waqf objects in the form of land. This journal aimed to answer the security issues in constructing public facilities and infrastructure, especially in houses of waqf land status of waqf. The land which by its nature was used forever, whether the fate of the waqf land could change its use status or can be transferred through certain legal actions. Keywords: Waqf, Land Registration, Waqf Land Certificate ABSTRAK Wakaf merupakan suatu perbuatan hukum wakif untuk memisahkan atau menyerahkan sebagian harta benda miliknya untuk dimanfaatkan selamanya guna kepentingan ibadah dan kepentingan umum lainnya. Tanah wakaf digunakan untuk seluruh kepentingan umum manusia seperti tanah pekuburan, tempat ibadah, dan lembaga pendidikan. Dalam hukum, harta atau benda yang sudah diwakafkan oleh pemiliknya, maka dilarang dipindah tangan dalam bentuk apa pun. Tak hanya perorangan, pihak pemberi wakaf (wakif), dapat berupa perseorangan, organisasi, dan badan hukum. Wakaf terdiri dari berbagai macam, antara lain wakaf tanah. Tanah yang diwakafkan merupakan tanah hak milik atau tanah milik yang bebas dari masalah apapun. Secara umum, pendaftaran tanah wakaf hanya menyertakan persyaratan mulai dari surat permohonan, surat ukur, Sertipikat Hak Milik, Akta Ikrar Wakaf (AIW) atau Akta Pengganti Ikrar Wakaf (APAIW), hingga surat pernyataan dari Nazhir bahwa tanah tersebut tidak terlibat dalam sengketa, perkara, sita, dan tidak dijaminkan. Metode yang digunakan dalam penelitian ini adalah metode penelitian kepustakaan (library research), sedangkan tipe penelitiannya adalah hukum. Hukum sebagai bentuk dari hukum primer dan hukum sekunder. Hukum primer mengacu pada peraturan perundang-undangan dan jurnal-jurnal hukum serta hukum sekunder mengacu pada internet, buku, dan dokumen lainnya. Metode tersebut akan digunakan untuk menggali lebih dalam mengenai perubahan status harta benda wakaf berupa tanah. Jurnal ini bertujuan untuk menjawab salah satu kendala dalam pembangunan sarana dan prasarana umum, terutama dalam pembebasan lahan tanah wakaf yang menurut sifatnya adalah dimanfaatkan untuk selamanya, apakah nasib tanah wakaf tersebut bisa beralih status penggunaannya atau dapat dialihkan melalui perbuatan hukum tertentu. Kata Kunci: Wakaf, Pendaftaran Tanah, Sertipikat Tanah Wakaf

7. Purpose trusts

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. The object of a trust can be a legal person (human or corporate), a public (charitable) purpose or a private purpose. This chapter shows that trusts for private purposes are generally void, although there are a number of important exceptions to this general rule, that is, where trusts for private purposes are valid. A trust for private purposes usually takes the form of a permanent endowment, which potentially renders the capital inalienable in perpetuity. The chapter explains why trusts for private purposes are generally void and discusses the anomalous exceptions to the general rule, trusts of imperfect obligation, purpose trusts with indirect human beneficiaries and distribution of surplus donations. It also looks at various devices for avoiding the prohibition against trusts for private purposes, outlines the special problems raised by gifts to unincorporated nonprofit associations and considers how a donor can achieve their intentions in making a gift to an unincorporated association.

8. Charitable trusts

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. Charitable trusts are not subject to the objections against private purpose trusts and enjoy certain privileges. Charities are not public institutions, but are nevertheless subject to judicial control, to the constitutional protection of the Crown as parens patriae (acting through the Attorney-General) and to the supervision of the Charity Commission. Moreover, they are not subject to the beneficiary principle and to the rule against inalienability of capital. This chapter deals with charitable trusts and discusses the distinction between legal and ‘everyday’ notions of charity. It also examines a charitable purpose, the advantages and disadvantages of charitable status, limits on the recognition of charitable trusts, what happens when a charitable purpose fails, whether the purpose of a charitable status is sufficiently beneficial to the public and the administration of charitable trusts. The chapter furthermore considers trust law and tax law privileges; the roles of charities, such as the prevention or relief of poverty and the advancement of education and religion; the public benefit requirement in educational trusts; recreational charities; the exclusivity requirement; the doctrine of cy près; and the disposal of surplus donations.

Dynamics of American Giving: Descriptive Evidence

Almost all of the scientific literature on charitable giving is implicitly based on a static paradigm which posits there are non-donors who never give and donors who habitually give year-in/year-out to a specific charitable purpose. This article presents evidence that charitable giving is not static, but dynamic: Few Americans never give, and among Americans that donate the majority are switchers—giving in some years but not others or switching from one charitable purpose to another. The implications are that a static perspective is misleading, and research questions should place more emphasis on the time dimension of charitable giving.

To good purpose: non-charitable purpose trusts for the specific purpose of holding shares in perpetuity in Singapore

This article considers the issue of whether Singapore should amend its trust laws to allow for non-charitable purpose trusts (NCPTs) for the specific purpose of holding company shares in perpetuity. The authors argue that such trusts should be allowed for two reasons. First, NCPTs in general should not be regarded as repugnant to the trust concept. Secondly, the practical advantages of allowing non-charitable trusts in a limited fashion outweigh the disadvantages. The article concludes by proposing possible reforms to the Singapore trust legislation.

6. Charitable trusts

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses charitable trusts. Charitable trusts differ from private trusts in a number of ways. A charitable trust must be: for a recognized charitable purpose; for the ‘public benefit’; and for exclusively charitable purposes. The public benefit requirement raises different issues under each head of charity. Legislation related to charities and their regulation has recently been consolidated by the Charities Act 2011. Cy-près is a power which allows failing charitable trusts to be applied to other related charities.

Equity & Trusts Concentrate

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Equity & Trusts Concentrate covers all aspects of equity and trusts. Chapters look at the history and development of equity. The second chapter looks at the concept of a trust. The book also examines charitable, non-charitable purpose, secret, and implied trusts. Finally, issues relating to breach of trust and liabilities are covered. This edition has been updated to include: recent developments in the law and new case coverage.

7. Non-charitable purpose trusts

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses non-charitable purpose trusts. The beneficiary principle requires a valid trust to have human beneficiaries. Charitable trusts are the largest exception to the ‘beneficiary principle’. However, there are further ‘anomalous’ exceptions to this rule: monuments: the erection and upkeep of monuments and graves; animals: the upkeep of individual animals; and masses: the saying of private masses. They are ‘gifts of imperfect obligation’ because the trustee does not have to carry out the obligations and there are no human beneficiaries to enforce it. Because they do not satisfy the beneficiary principle, and have no human beneficiary, the courts have taken a strict approach to the categories of purpose trusts.

6. Charitable Trusts

This chapter examines charitable trusts in England. It discusses the advantages and disadvantages of being a charitable trust and explains the conditions that must be met in order for a trust to be considered charitable. The chapter considers the different meaning of a charitable purpose as it has been defined in cases and by statute, such as for the advancement of education or religion and the relief of poverty. It examines the meaning of the public benefit requirement and also considers the requirements that purposes must be exclusively charitable. This chapter also considers the cy-près doctrine which applies where a charitable purpose has failed initially or subsequently.

7. Non-Charitable Purpose Trusts

This chapter examines the concept of the non-charitable purpose trust. It explains that non-charitable purpose trusts are generally considered void by virtue of failing to comply with the beneficiary principle. It describes exceptional conditions under which non-charitable purpose trusts are considered valid, such as trusts of an imperfect obligation, and discusses mechanisms for the implementation of non-charitable purposes. This chapter also considers the peculiar problems arising where property is transferred for the benefit of unincorporated associations and how Equity has provided solutions for property-holding by such associations and why the nature of property-holding for unincorporated associations has proved to be significant where the association is dissolved.