PROSES PENYELESAIAN SENGKETA ASET WAKAF DALAM MASALAH PENGGUNAAN FASILITAS UMUM (Studi Kasus Aset Wakaf di Dusun Tambakrejo Kabupaten Nganjuk)

Waqf is a religious institution besides functioning as worship to Allah it also functions socially. In its function as worship, waqf is expected to be a provision for life in the hereafter. Whereas in the social function of waqf is a very valuable asset in development. Waqf is a form of practice that the reward will continue to flow as long as the endowment is used / utilized even though the person who endows is dead. The walaf asset dispute that occurred in Tambakrejo Hamlet in Nganjuk Regency was when there was a General Spatial Plan (RUTR), namely the toll road project. The triggering factor among them is the understanding of the heirs and some residents in the hamlet is the name of the pendakif will change if the old waqf land is replaced with a new land. The issue of determining the location of substitution of waqf land and problems related to the recipient of compensation from the government. This type of research is a field research that is descriptive qualitative. This study uses primary data sources and secondary data sources. The data collection technique used is by interviewing the parties involved in these issues such as takmir, Nazir and also the BINSYAR of the Ministry of Religion, Nganjuk. In addition, researchers also collected data / other archives relating to the problem such as letters, minutes, minutes of old and new mosques and others. The results of research that has been done about the process of dispute settlement of waqf assets in the matter of the use of public facilities in Tambakrejo Hamlet, Nganjuk Regency is by way of mediation and followed by deliberation as a family. Mediation was carried out at the Commission E Office with the result that the BPN immediately coordinated with the toll road related to the replacement land, but in the end the mosque management and residents rejected the land offered by the toll road party. Then the people held their own meeting related to the replacement land and refused the new land that was proposed in Nazir, resulting in an agreement falling on Mr. Mondir Wibowo's land