Position of HGB Land Above HPL Land To Be Waqf
Mira Novana Ardani (a*), Ana Silviana (b)
Diponegoro University-s Faculty of Law
Jalan Prof Soedarto, Tembalang, Semarang
*miranovana[at]yahoo.com
Abstract
Waqf has an important role in increasing economic activity. Land is one of the waqf objects that are not moving. There are land rights arrangements that can be waqf. One of them is HGB land which stands on HPL land. What is the position of HGB land on HPL land if it is to be waqf, and what possibilities can occur from the legal action. This research uses a normative juridical approach. Normative juridical research has the meaning of research focused on examining the application of rules or norms in positive law. If seen from the provisions of the existing laws and regulations, HGB land which is above the HPL land is allowed to be waqf as long as it has obtained written permission from the HPL holder. There are various possibilities that occur if HBG land above the HPL is waqf. These possibilities can pose risks later on.
Keywords: Waqf, land, HGB, HPL
Topic: Law perspectives and Islamic law