Author
Dr Herlindah
Organisation/Institution
Brawijaya University
Country
INDONESIA
Panel
Law and Religion
Title
The Acceleration of Waqf Land Certification as an Instrument of Land Ownership Limitation: A Socio-Legal Studies in Malang
Abstract
This article examines the manner in which the acceleration of waqf land registration in Malang City can be carried out without compromising legality, legal certainty, and procedural fairness. Theoretically, it places registration at the intersection of three different legal systems: agrarian law, which provides that land rights are subject to their social function; administrative law, which requires that decisions be made logically and proportionally; and Islamic law of waqf, which makes the property that is given as a waqf non-transferable and intended for the public benefit. By means of various research techniques, the author conducts a normative doctrinal analysis of the laws and regulations, and qualitative studies, including in-depth interviews with officials at the front line and trustees, and analysis of the selected case files, to find out how the parties involved in the cases interpret the procedural steps and evidentiary requirements. The article’s main argument is the following. To begin with, indigenizing the obsolete acceleration methods is morally justifiable only under condition that the standards of proof for the Deed of Waqf Pledge and the Documentation are proportionate and that the standards are identically implemented both in the systematic and sporadic registration channels. Moreover, the giving of reasons should be clear, subject to review and supported by fundamental principles of good governance so that “speed” emanates from transparency rather than from the cutting of the protective measures. The article puts forward a doctrinally consistent framework for the criteria of evidentiary sufficiency, proportionality, and reason-giving in waqf land registration; explains the way agrarian and Islamic concepts of social obligation can be harmonized; and sets forth an operational model, reasons templates, structured checkpoints, and interpretative canons, that can be carried out at the service counter while upholding the law. Keywords: waqf, land certification, land reform, land-ceiling, procedural justice
Biography
I am a lecturer and researcher at the Faculty of Law, Universitas Brawijaya, Indonesia, with academic expertise in agrarian law, land policy, and notarial studies. I earned my Bachelor of Law from Universitas Padjadjaran, Master of Notarial Law from Universitas Gadjah Mada, and Doctor of Agrarian Law from Universitas Airlangga. My research primarily explores the relationship between land law, social structure, and justice in land ownership, particularly in the context of Indonesia’s agrarian reform and customary land systems. Over the past years, I have led several funded research projects on agrarian reform, indigenous land rights, and the legal implications of land use in the era of foreign investment. My scholarly works have appeared in several reputable international journals, including the Digital Evidence and Electronic Signature Law Review (Q1) and Jurisdictie (Q1). Through my academic endeavors, I seek to advance a more inclusive and equitable framework for land governance. My current study, entitled “The Acceleration of Waqf Land Certification as an Instrument of Land Ownership Limitation: A Socio-Legal Studies in Malang,” reflects my commitment to integrating socio-legal perspectives into sustainable land policy and strengthening the role of waqf land as a tool for social justice.
