Shari'a and Politics in Modern Indonesia

Appendix IV. GOVERNMENT REGULATION NO. 28 OF 1977 ON WAQF OF LANDS WITH THE RIGHT OF OWNERSHIP

326 Appendix IV© 2003 Institute of Southeast Asian Studies, Singapore 326 Sources: Peraturan Perwakafan (Waqf Regulations), (1998). Ditjen Bimas Islam dan Urusan Haji Direktorat Urusan Agama Islam. Jakarta: Ministry of Religious Affairs of Indonesia. Appendix IV GOVERNMENT REGULATION NO. 28 OF THE YEAR 1977 ON WAQF OF LANDS WITH THE RIGHT OF OWNERSHIP REGULATION OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA NUMBER 28 OF THE YEAR 1977 CONCERNING WAQF OF LANDS WITH THE RIGHT OF OWNERSHIP THE PRESIDENT OF THE REPUBLIC OF INDONESIA Considering: a. that waqf is a religious institution which can be used as one of the means for developing religious life, particularly to people professing Islam, within the framework of the national effort to attain spiritual and material welfare toward a just and prosperous society based on Pancasila; b. that the current statutory regulation, regulating the waqf of lands with the right of ownership, beside not yet meeting the need for waqf procedures, also give opportunities for undesired matters to arise due to the absence of factual complete data on waqf lands; c. that in line with the provision in Article 14 paragraph (1) under b and Article 49 paragraph (3) of Act Number 5 of the year 1960, it is deemed necessary to provide for the procedures and registration of waqf of lands with the right of ownership by means of a Government Regulation; Reproduced from Shari’a and Politics in Modern Indonesia, edited by Arskal Salim and Azyumardi Azra (Singapore: Institute of Southeast Asian Studies, 2003). This version was obtained electronically direct from the publisher on condition that copyright is not infringed. No part of this publication may be reproduced without the prior permission of the Institute of Southeast Asian Studies. Individual articles are available at Government Regulation No. 28 of the Year 1977 327© 2003 Institute of Southeast Asian Studies, Singapore With a View to: 1. Article 5 paragraph (2) of the 1945 Constitution; 2. Decree of the People’s Consultative Assembly Number IV/MPR/1973 on the Basic Outlines of the State’s Policies; 3. Act number 5 of the year 1960 on Basic Regulations on Agrarian Principles (State Gazette of the year 1960 number 104; Supplement to the State Gazette number 2043); 4. Government Regulation number 10 of the year 1961 concerning the Registration of Land (State Gazette of the year 1961 number 28; Supplement to the State Gazette number 2171); HAS DECIDED : To lay down : REGULATION OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA CONCERNING WAQF OF LANDS WITH THE RIGHT OF OWNERSHIP. CHAPTER I GENERAL PROVISIONS Article 1. In this Government Regulation: (1) “WAQF” means the permanent dedication by any person or corporate body of part of his/its assets in the form of lands with the right of ownership recognized by Muslem Law as serving the interests of Islam or for other public interests in line with the teachings of Islam; (2) “WAQIF” means any person or persons or corporate body dedicating his/their on its land with the right of ownership for waqf; (3) “IQRAR” means the statement of intention by the waqif to dedicate his land with the right of ownership for waqf; (4) “NADHIR” means any group of persons or any corporate body given the task of managing and administering the waqf property. CHAPTER II THE FUNCTION OF WAQF Part One Article 2. The function of waqf is to make the waqf property beneficial for an indefinite period of time, in pursuence of the objectives of waqf. Part Two Elements of and Conditions of Waqf Article 3. (1) Indonesian corporate bodies and a person or persons who is/are (an) adult(s), and of sound reasoning and also which/who by law is/are not prevented to conduct a legal act, at his/its own free will and under no coercion from whomsoever/whichever party, may 328 Appendix IV© 2003 Institute of Southeast Asian Studies, Singapore submit its/his/their land with the right of ownership for waqf with due regard to the applicable statutory regulations; (2) In the case of corporate bodies, the party acting for and on behalf of them, is their lawful governing board. Article 4. The land as referred to in Article 3, must be land with the right of ownership or title land exempt from any encumbrance, lien, seizure or suit at law. Article 5. (1) The party submitting his/their/its land for waqf must state clearly...