Regulatory Conflicts Between Waqf Law and Human Rights in Indonesia:

Protecting Individual Ownership Rights

Ulya Kencana

 

Abstract: The conflict between waqf regulations and human rights principles in protecting individual ownership rights to waqf assets needs urgent investigation because of legal uncertainty and the potential for waqf disputes. This study aims to analyse the ownership rights of waqf from the perspectives of waqf regulations and human rights, and to develop a fair legal harmony model. The approach used is a mixed-methods approach. The research sample consists of 230 respondents selected through purposive sampling. Data collection techniques include questionnaires, observations, in-depth interviews, and documentary studies. Data analysis techniques use descriptive statistics and normative-qualitative analysis. The study’s findings show that waqf regulations have not adequately considered the principle of individual ownership rights and may lead to prolonged conflicts. It was found that harmonising waqf regulations based on human rights can resolve disputes. The conclusion is that individual ownership rights can be protected through social waqf with fair regulatory reforms.