The Principle of Social Function in Waqf Productive Land through

Improving Social Welfarein West Sumatera

Onny Medaline, M. Syarif, Siti Khairunnissa, Emi Wakhyuni, Abdi Setiawan

Universitas Pembangunan Pancabudi, Medan, North Sumatera, Indonesia

Law Study Progamme, Social Science Faculty, Medan, Indonesia

Keywords: Social Function Principal,Waqf Land, Social Welfare.

Abstract: The essence of social function in Article 20 of Basic Regulation of Agrarian Principles (UUPA) is a

hereditary right, the strongest and fullest to possess the land of the provision in Article 6. The research

method used in this study is legal empirical research. The juridical approach is used to analyze various rules

relating to Waqfland. This study uses an empirical legal approach by taking legal analysis obtained from the

social behavior related to social aspects. This paper provides the implementation of the principal of social

function, balancing the invidual and social interestthat could be achieved for purposes of UUPA.Waqf is an

important institution in the Islamic socio-economic system, not only for religious purpose but also social

aspect. This research endeavours to examine how the waqf sectorcan play anenhanced role in the socio-

economic development. The structure of waqf instruments could befurther developed for the construction of

potential assets of the contemporary societies.

1 INTRODUCTION

Social function is defined as complimentary concept

in many aspects in human life . All property rights

have a social function as mentioned in Article 6 of

Law No. 5 Of 1960 Concerning Basic Regulations

On Agrarian Principles.Therefore, it cannot be

abolished owing to the implementation of the

principle of development in social interest. No one

shall be deprived of his property except for reasons

of public utillity or social interest according to the

forms of established law, Article 18 of Law Number

5 Of 1960 Concerning Basic Regulations on

Agrarian Principles.

The purpose of social function concept, The law

of No. 39 year 1999 concerning human rights

recognize the social function of property in article

36 (3) stating the right to ownership has a social

function.

The social function of property principle has

been reflected in chapter XIV and Chapter VII

concerning economy and social welfare whereas

human beings, as creations of God Almighty are

charged with the task of managing and protecting

the universe, with total devotion to and

responsibility for the welfare of humanity.

Limitations on rights to land are recognized by

law by means of ”libertas Sublege”, that is to show

individual freedom. Therefore there is no full

ownership right; all should be related to social

interest (vermaatschappelijking functie) (Achmad

Sodiki, 2013).

The essence of social function of property rights

has also been reflected in part XI of the law No. 5

of 1960 Concerning Basic Regulations On Agrarian

Principles which states that the right of ownership

on land of religious and social institutions as far as

utilized for the purpose of social and religious

fields, is recognised and protected. Those

institutions are also guaranteed to obtain sufficient

land or buildings and for undertakings the social and

religious fields”.

Waqf land is to be protected. Waqf land is merely

for social functions and should be performed in

ways determined by Islam towards social welfare

(Onny Medaline, 2017).

The point of view of waqf itself is a principle that

entailing generous application in increasing the

social welfare of society, providing a lot of services

by nazhir.

Social welfare is not only a concept but also

theory subjected to the conditions provided by Law

No. 11 Year 2009 concerning Social welfare of Law

Medaline, O., Syarif, M., Khairunnissa, S., Wakhyuni, E. and Setiawan, A.

The Principle of Social Function in Waqf Productive Land through Improving Social Welfarein West Sumatera.

DOI: 10.5220/0008890305490553

In Proceedings of the 7th International Conference on Multidisciplinary Research (ICMR 2018) - , pages 549-553

ISBN: 978-989-758-437-4

549

No.6 Year 1974 on basic provision and

conditions.Social welfare is condition in which

material, spiritual and social needs of people are

fulfilled.

Waqf land has a big potential for economic

development of religious community and

development of public welfare in west Sumatera

and waqf land is in 5.694 l locationsof 7.501 001,15

m2 in 19 districts.

This research is to analyze the principle of the

social function productive waqf land through

improving social welafre on people’s economy in

West sumatera and the supporting and inhibiting

factors in developing the productive waqf land in

West Sumatra.

2 METHODOLOGY

The research method used in this study is the

juridical approach to analyze various rules relating

to waqfland. Thesupporting data from study of

documents, field research are conducted by means of

interview, aiming to get further understanding on the

object. Interviews are conducted with sources related

to waqf registration of communal land. Data analysis

is initiated by choosing relevant data, then

systematically and consistently elaborated in relation

to certain symptoms. The analysis is conducted

qualitatively towards primary, secondary and tertiary

legal materials by using law dictionaries in the

attempt to understand inconspicuous legal concepts,

analyzing them normatively, and towards many legal

regulations related to waqf registration of communal

land, and qualitative through legal theories regarding

Ulayat Kaum land in West Sumatera.

This work is a qualitative descriptive research,

which attempts to explore and analyse the data

holistically regarding the social function of

ulayatWaqf for economic development in west

sumatera

3 RESULT

3.1 Social Function of Waqf Land as

Tool Rendering of Social Welfare

The “waqf” is an expenditure of wealth in a good

way, and becomes an alternative thing offered by

Islam as a means of getting closer to Allah. The

Commandment of Al-Quran to do the good deed can

become the common foundation to the deed of the

“waqf”. Besides, according to Al-Quran and Hadist,

the Muslim Scholars agree (ijma’) to take the

“waqf”’ as one of the deeds in Islamic Laws. There

is no one who can neglect or reject the deed of the

“waqf” in Islam as the deed is always implemented

and conducted by the Prophet's friends and Moslems

from the beginning of Islam until today. (Onny

Medaline, 2018)

Law Protection on waqf land in Article 49 (3)of

Law No. 5 Of 1960 Concerning Basic Regulations

On Agrarian Principlesstates that “Land for religious

purposes with the right of ownership shall be

protected and regulated by Government Regulation”

Government Regulation No. 28 year 1977

applied in islamic teaching on waqfin Article 1(1)

states thatWaqf indicates legal action or legal

institution that can be separated from part of wealth

related to right of the land and instititution for

religious or social interest.

Based on Article 5 Law No. 41 Year 2006

concerning Waqfit is stated that the function of

waqfis as complementary structures for policy

reforms in the economic scheme, creating suitable

basis for institutional diversity for economic

freedom and democratization of the modern Islamic

societies”.

The principle of welfare in Islam aims to realize

social justice and economic justice for all members

of society. The task is charged to the organizers of

the State and society. The notion of social justice in

Islamic nomocracy is not merely the fulfilment of

material or material needs, but includes also the

fulfilment of spiritual needs of the people. The

State's obligation is to pay attention to the two kinds

of needs and provide social security to those who are

less capable. Classification of welfare related with

Utilitarianism Theory is developed by Jeremy

Bentham which procures “the greatest happiness of

the greatest number”. Bentham introduces a method

of calculating the value of pleasures and pains.

Utilitarianism is an ethical theory stating that the

best action is the one that maximizes utility.

"Utility" is defined in various ways, usually in terms

of the well-being of sentient entities. Jeremy

Bentham, the founder of utilitarianism, describes

utility as the sum of all pleasures that result from an

action, with no suffering of anyone involved in the

action.The most common variant defines "Welfare"

in standard economic terms.Hence Economic

Welfare of Utilitarianism argues that alternative

provides "the greatest good for the greates number"

and this comes down to the alternative that provides

the greatest net economic welfare for the greatest

number.

ICMR 2018 - International Conference on Multidisciplinary Research

550

In Indonesia, the term social welfare can be

found in Law No. 11 of 2009 concerning “Social.

Welfare”. by Law No. 11 Year 2009 concerning

Social welfare repeal Law No.6 Year 1974 on basic

provision and conditions for social welfare.Social

welfareis as a condition in which material, spiritual

and social needs of citizen are fulfilled.

The formulation of idea of life encompasses

material and spiritual life, by not placing one more

important than the other, but rather trying to look at

the effort to get the balance point. (Onny Medaline,

2017). As the leading agency in social welfare and

development, the government should intervene for

service and development on social welfare in

planning, organising, and directing.

The involvement of the state in realizing juridical

normative social welfare is formulated in the

preamble of the 1945 Constitution on welfare. Social

welfare has become an important function within its

national development strategies in order to advance

general prosperity, to develop the nation's

intellectual life, and to contribute to the

implementation of a world order based on freedom,

lasting peace and social justice. Generally, waqfis a

legal action of someone or a group of people or legal

entity to separate the property owned and put it for

religious purpose for the entire time or for another

public needs based on Islam. On other hand, Waqf

institution contributed in Social welfare and

warranty is regulated in law of the republic of

Indonesia No. 41 of 2004 concerning waqf.

The material, spiritual, and social needs

mentioned in the definition of social welfare in the

Law on Welfare is important element in achieving

prosperity for society as a whole, individuals and

social beings. Furthermore, these parameters are

used as a reference in determining welfare towards

the existence and development of waqf above,

especially waqf of ulayat land in West Sumatra

Waqf serves the welfare of society, which

includes institutions that have activities and

programs towards the realization of general welfare,

in which the business is managed with social

services by Nazhir.Waqf also includes activities or

activities organized by an institution , BWI, to

achieve a prosperous condition. Waqf is also

expected to create a condition of prosperous life in

the fulfillment of material, spiritual and social

interest in social balance.

Waqf can play important role, if the number and

size of the one involved in social welfare activities

can be increased

Economy can be defined for the growth of

increasing the real output. It is also defined as a

broad perception that refers to the process of

economic growth that has capacity to raise the

welfare of the people. (Jait Mubarok, 2008)

Based on the nature of waqf output, waqf assets

may be classified in two categories : (Jait Mubarok,

2008)

1. Direct waqf which means asset the produces

comsumptive service to be utilized by

beneficiaries such as school, hospital, and

orphanages. The purpose of this kind of

waqfmay be of general philanthropy, such as

school or a private philanthropy.

2. Waqf investmentis intended for investment. It

produces marketable goods and services to be

sold in order to generate a net income which

will be distributed to the beneficiary.

Beneficiary may be general charity such as a

mosque or scientific research or private

philanthropy consisting of the descendents of

the founder.

Hence,waqf investment is not going to assume an

important role in the development of our economic,

the most important element for modern islamic

society.

3.2 Potential of Ulayat Land Waqf in

West Sumatra

Reality and potential of waqfin West Sumatera has

importante role in waqf development and social

economic welfare.Waqfassets in West Sumatra are

as many as 5,694 locations with an area of 7,501

001,15 m2 with 19 districts and cities of West

Sumatra province. However, they are still in

traditional forms, that have not been managed

productively and the capacity of Nazhiris not

professional. Thus, the potential wealth of waqfis

worth trillion of rupiahs without playing a role in

resolving various social issues such as poverty and

unemployment.

Waqf land of ulayat kaum in West

sumaterashows the form of direct or consumptive

representation only to provide direct services to the

surrounding community, such as mosque , mushalla,

or surau. About 65% of the waqf land has been

taken over to projects. People agree to

registerwaqffor the mosque built on ulayat land.

Registration of waqf land is carried out on initiatives

and cooperation programs between the ministries of

religion and BPN. The implementation of this

program aims to continue to preserve and provide

legal certainty of waqf lands that have long existed

in West Sumatra.

The Principle of Social Function in Waqf Productive Land through Improving Social Welfarein West Sumatera

551

A form of empirical reality for some waqf land in

the sub-districts of Payakumbuh and Lima Puluh

kota, is only a small portion of waqf land located on

community ulayat land which has been managed and

categorized as direct waqf according to the Religious

Affairs Office and BWI of West Sumatra.

A small amount waqf land has been categorized

as invesment waqf such as in the subdistrict of

Payakumbuh and Lima puluh. Some waqf lands

located in Kaum Ulayat land are categorized as

direct waqf.

This waqf is classified as direct waqf according

to Religious Affairs Office and BWI of West

Sumatra.

Table 1: Recapitulation of Direct Waqffrom Ministry of

Religion Payakumbuh.

No District Village Type of

waqf land

1. Lamposi tiga

Nagori

Sei Durian,

Parambahan,

Koto Panjang

Dalam

Agriculture,

fishpond,

agriculture,

Plantation

2. Payakumbuh

Selatan

Balai

Panjang, Aur

Kuning

Islamic

Playgroup,

Agriculture,

IAIN’s land,

Fishpond

and

Musholla.

3. Payakumbuh

Barat

Bulakan

Balai Kandi,

Subarang

Batuang,

Tanhung

Gadang,

Tanjung

Pauh

Rent house ,

Fishpond,

And field.

4. Payakumbuh

Utara

Cubadak Air,

Balai Jaring,

Nan Kodok,

Talawi,

Payonibung,

Kubu

Gadang,

Labuh Batu

Permanent

building,

agriculture

land lot,

property, dry

land, and

Mosque

5. Payakumbuh Balai Polyclinic,

islamic

Timur Batimah boarding

school

Table 2: Recapitulation of Direct Waqf based on Ministry

of Religion Payakumbuh Lima Puluh Kota.

No Kecamatan Village Type of

Waqf land

1. Lamposi

tiga Nagori

Sei Durian,

Parambahan,

Koto Panjang

Dalam

Agriculture,

fishpond,

agriculture,

Plantation

2. Payakumbuh

Selatan

Balai

Panjang, Aur

Kuning

Islamic

Kindergarten,

Agriculture

land, IAIN’s

land Kolam

Ikan, and

Prayer Field

3. Payakumbuh

Barat

Bulakan

Balai Kandi,

Subarang

Batuang,

Tanhung

Gadang,

Tanjung

Pauh

Rent House,

Fishpond,

Field, Land

lot, and

fishpond

4. Payakumbuh

Utara

Cubadak Air,

Balai Jaring,

Nan Kodok,

Talawi,

Payonibung,

Kubu

Gadang,

Labuh Batu

Permanent

building,

Agriculture

land, Land

Lot, Property,

Dry land,

Musholla,

Wet land, And

Piece of land

5. Payakumbuh

Timur

Balai

Batimah

Polyclinic and

Islamic

Boarding

Schools.

This table shows not all nagari Lima Puluh Kota

have waqf land categorized as direct waqf; only

nagari mentioned above has many types of direct

waqf.

Both data are the result of consideration from

the Ministry of Religious Affairs that the waqf land

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552

has been utilized not only for the purpose of

worship, but also social welfare, such as rice fields,

plantations, school buildings and office buildings.

Hence, the category of direct waqf is located in

Payakumbuh and Lima Puluh Kota as mentioned

above cannot provide profit for community. The

parameters of social welfare are not only seen in

terms of material, but also social welfare, spiritual

and social aspects. In other words, the understanding

of waqfgives impacts for social welfare if maximally

managed and utilized by the surrounding

community.

4 ANALYSIS

As a whole, the three parameters of social welfare

are to be put into balancing of the material,

spiritual, and social series. The perspective of social

welfare that affects the existence of waqfland in

West Sumatracan be said as the achievement of the

welfare level, significantly not affecting the

economy of society. But at least waqf gives a big

influence to the spiritual and social welfare. This is

evidenced by the continued preservation of the

buildings inherited by the ancestors to be made as

center of worship, keeping the cultural values

sustainable.

The measure of the beneficiary of waqf in West

Sumatra in achieving social welfare is not only

material achievement but also spiritual and social

fulfillment in society. However, welfare is also

measured from the utility theory and the beneficiary

of waqf should be further enhanced towards direct

waqf. Bya good management of waqf happiness and

welfare could be made possible for the community.

5 CONCLUSIONS

The waqf land in West sumatera can be broadly

classified into direct waqf (Consumptive), Waqf in

many ways is more productive and the income is

generating so that the land can be made for

plantation, field and school. Therefore, the existence

of waqf land can improve the social welfar, mainly

spiritual and social matters in West Sumatera.The

beneficiary of waqf should be further upgraded

towards direct waqf.

6 RECOMMENDATION

The existence of waqf has provided social welfare,

hence, the management of waqfshould be in

professional ways in terms of nazhir. Therefore, it is

necessary to regulate the system of waqfWest

Sumatra adapted from customs and culture of West

Sumatera.

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