PERSPEKTIF SUBJEK HAK TANAH WAKAF PADA PELAKSANAAN GANTI KERUGIAN PENGADAAN TANAH UNTUK PEMBANGUNAN JALUR KERETA API YOGYAKARTA INTERNATIONAL AIRPORT (YIA)

ANTONIUS KURNIAWAN MERE SOY, 17263055 (2021) PERSPEKTIF SUBJEK HAK TANAH WAKAF PADA PELAKSANAAN GANTI KERUGIAN PENGADAAN TANAH UNTUK PEMBANGUNAN JALUR KERETA API YOGYAKARTA INTERNATIONAL AIRPORT (YIA). Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

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Abstract

The implementation of land acquisition for the construction of the YIA access railway does not always go well, especially for waqf land. Some compensation for waqf land can be given compensation and some have not been given compensation. The rightful party is reluctant to surrender or break the legal relationship with the land only for the object of waqf land provided. The compensation process does not require an agreement between the party who needs only land and the rightful party but requires permission from the relevant ministry, namely the ministry of religion. The research objectives are to: (1) determine the perspective of the entitled party (nazhir) for compensation for land acquisition for the construction of the Yogyakarta International Airport (YIA) railway line. (2) Understand the process of implementing special compensation for waqf land in land acquisition for development in the public interest. This study uses qualitative research methods with descriptive analysis approach and empirical juridical studies. In order to find out the perspective of the subject of rights for waqf land objects on the implementation of compensation by comparing the applicable laws and regulations and relevant theories. The results showed that the perspective of compensation on land acquisition for the construction of the YIA access railway was approached differently. For the Nahdlatul Ulama, they understand that compensation for replacement land is as wide as and not separate from waqf land. This is based on making it easier to build a house. Meanwhile, Muhammadiyah understands the form of commensurate compensation. That the value and benefits of the exchanged property are at least the same as the original waqf property. The implementation of compensation for waqf land in land acquisition for the construction of the YIA railway line basically cannot be consigned, which means that compensation must be given. Keywords: Perspective, Compensation, Waqf land, Land Procurement.

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