Tinjauan yuridis hak ahli waris terhadap tanah yang sudah diwakafkan (studi terhadap putusan mahkamah agung no. 1558 K/Pdt/2016 ) = Judicial review of the right of the heirs to the land of wakaf (case study number no. 1558 K/Pdt/2016)

Giovan, Andi M. (2018) Tinjauan yuridis hak ahli waris terhadap tanah yang sudah diwakafkan (studi terhadap putusan mahkamah agung no. 1558 K/Pdt/2016 ) = Judicial review of the right of the heirs to the land of wakaf (case study number no. 1558 K/Pdt/2016). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

This mini thesis discusses about land dispute, especially land of wakaf dispute between heirs of grandfather who gave his land for the purpose of wakaf and heirs of father who act as Nadzir. The purpose of this study are to find out if the heirs or in this case plaintiff have the right over the dispute land. This mini thesis expected to provide beneficial results for writers and readers. Also expected to give way of solving problems in the future. In this study, the problem that has been analyzed is the conformity with the law of granting the land of wakaf by the plaintiff grandfather, the right of the heirs to the land of wakaf, and the court judgment. The method use in this mini thesis is a normative method. Based on this research, heirs or plaintiff in this case feel the land of dispute are belong to them as land of inheritance, they accused one of the heir gave unilaterally to defendant grandfather named Marma Tamongga. Because Marma Tamongga is dead, the plaintiff sued his heirs. The sued based on the act against the law. The defendant disagree of the lawsuit and said the disputed land is already given by the plaintiff grandfather as a wakaf. The judge accept the lawsuit because judge feel the defendant have no evidedence, but later the supreme court revoke the verdict because one of the defendant have a evidence, such as land of wakaf certificate, and that means that land of wakaf cant be diverted if its not in accordance with the law.

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