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
Many waqf parcels of land in Indonesia have not been certified despite their significant contribution to religious and social infrastructure, and this causes legal uncertainty and dilutes the protection of their inalienability. The government in turn has come up with policies to expedite the waqf land certification as part of wider land administration reforms. This paper claims that this acceleration cannot be seen as an administrative policy only, but as a legal tool to institutionalize the inalienability of waqf property and, thus, restrict ownership with the aim of promoting its social-religious purpose. This paper notes that institutional coordination, integration of data and administrative facilitation are vital to enhance efficiency of waqf land certification policies. The results show that the stakeholders have diverse views concerning the protection and development of waqf assets. Although most institutions, including the Nahdlatul Ulama branch in Malang, prioritize the concept of non-alienation and formal waqf certification to preserve waqf land, the Muhammadiyah in other instances transfers the assets to the name of the organization on the basis of the private ownership certificate so that more flexibility is offered to construct a learning, health, and community facility. Key words: waqf, land certification, ownership limitation, Malang
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.
