Waqf is a form of worship in the form of sadaqah which has very many benefits for social purposes, also for the waqf. The regulation about waqf in Indonesia, is basically has been regulated in the Compilation of Islamic Law (KHI) contained in CHAPTER III About waqf Law, but in its implementation it turns out there are still many shortcomings given the position of Compilation of Islamic Law only in the form of Presidential Instruction which is certainly not binding. The presence of Law No. 41 of 2004 concerning Waqf, hereinafter referred to as the Waqf Act, is a time awaited by people who have been involved in waqf problems, both within academia and practitioners. This research is based on one of the land case in Indonesia between the owner (plaintiff) of the land whose name is not mentioned against a man (defendant) whose name is not mentioned too. The main problem in this case was that the defendant had inherited the land owned by the owner without the plaintiff's permission causing harm to the plaintiff. Based on Article 15 of Law Number 41 of 2004 it is stated that waqf property can only be represented if owned and controlled by Waqf legally. This means that the defendant has violated the provisions in Article 15. based on this, it is necessary to do research on how legal protection should be given to the plaintiff.