Purnami Apriana, Anang Husni, Aris Munandar

Abstract:

The purpose of this study is to analyze the basis of the notary’s authority to make the deed of the pledge of waqf according to Government Regulation No. 42 of 2006 on the implementation of Law no. No. 41/2004 on Waqf, and to analyse the process and requirement of registration of the Deed of Pledge of Waqf by Notary under Government Regulation No. 42 year 2006. This research is normative law research that is law research which put law as system norms, rules of legislation, court decisions, treaties and doctrines. In this study the approach used is: Histories Approach, Conceptual Approach, and Statute Approach.

The basis of the Notary’s authority in making the Pledge of Endowment Pledge (AIW) is regulated in Article 37 of Government Regulation no. 42 of 2006. This authority does not conflict with the authority of a Notary as regulated in Article 15 of Law Number 2 Year 2014 concerning Amendment to Law Number 30 Year 2004 concerning Notary Public Offices but not all Notaries may be appointed as Officials of Deed of Pledge (PPAIW ). The main requirement of a Notary to become PPAIW must be Islam, trust and have certificate of competence in the field of Waqf published by the Ministry of Religious Affairs.

While the registration process of Waqf land registered with PPAIW from notary procedure is the same as PPAIW conducted by KUA (Office of Religious Affairs Sub-District).

Keywords: authority of notary, deed of pledge of Waqf

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