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description Journal article public Jurnal Mahasiswa Fakultas Hukum Universitas Brawijaya

Pelaksanaan Kewenangan Notaris Dalam Pembuatan Akta Ikrar Wakaf Tanah (Studi Di Wilayah Hukum Kota Tuban)

Vivin Astharyna Harysart
Diterbitkan 2016

Abstrak

This journal discusses the implementation of the Notaries' Authority to make the Pledge Deed of Wakaf Land, studies in the jurisdiction of Tuban. In Government Regulation No. 42 about Waqaf (LN No. 105 in 2006, TLN No. 4667) set out in Article 37. In Article 37 paragraphs 4 and 5 state that does not preclude the Notary may have the opportunity to make a Pledge Deed of Wakaf (AIW). Provision requirements to become a Notary Deed Official Pledge of Waqaf (PPAIW) are defined in the Regulation of the Minister of Religion No. 73 Y in 2013 on Procedures in Wakaf of Moving Objects and unmoving object besides money article 27. Law No. 2 in 2014 on the Amendment to Act Law No. 30 year 2004 concerning notary (LN No. 3 in 2014, Supplement No. 5491) in the explanation of article 15, paragraph 3 simply explained that another notary public authority stipulated in other laws including making AIW. The authority in making AIW can be implemented by a Notary and Head Office of Religious Affairs in his capacity both as PPAIW the object of Waqaf land that is making AIW. The purpose of this research to understand the implementation of the authority new notary in making the deed pledge endowment. Kind of empirical legal science research, research approach is sociological juridical methods. The results of empirical legal research, obtained the answers to the existing problems, that is in Tuban no notaries who have a certificate as PPAIW, only the head of the Religious Affairs Office acts as PPAIW. Then also described the factors that support the process operations of AIW at Religious Affairs Office and factors inhibiting the implementation of the AIW notary.

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