| Summary: | This thesis aims to determine the juridical implication of Government
Regulation Number 2 year 2013 for Pesantren Al-Madinah Foundation has not
been adjusted as a result of its articles of association under the provisions on its
authority to manage waqf properties and determine the role of Pesantren Al-
Madinah Foundation as nazhir in the governance of waqf properties in order to
achieve the objectives of waqf.
This study used the mix of juridical-normative and juridical-empirical study, is
legal research which which promotes the secondary data (library research) and
primary data (field research). This study was conducted at the office of Pesantren
Al-Madinah Foundation in Yogyakarta City. The technique of collected data was
done by non-random sampling with purposive sampling method. The results of
the study were analyzed qualitatively and written with descriptive methods by
describing and outlining in accordance with problems related to the study.
The results showed that the juridical implication of Government
Regulation Number 2 Year 2013 on Amendment to Government Regulation
Number 63 Year 2008 concerning the Implementation of the Law on Foundations
of the authority as nazhir for Pesantren Al-Madinah Foundation is currently still
uses the word \"foundation\" in front of his name and has not adjusted its articles of
association to the specified time limit is void ab initio so that the Foundation is
not a legal entity nazhir in managing waqf property but as nazhir organization.
However, based on the Government Regulation, Pesantren Al-Madinah
Foundation enable to get the legal entity. In order to obtain status as a legal entity,
then the foundation does not need to be dissolved and may apply for legalization
of incorporation documents. Roles of Pesantren Al-Madinah Foundation as nazhir
in governance waqf in Yogyakarta, namely coordination, consolidation,
optimization of the waqf, and conduct guidance and supervision in the
implementation of waqf properties.
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