UNIVERSITAS GADJAH MADA

FACULTY OF LAW
INTERNATIONAL UNDERGRADUATE PROGRAM
ISLAMIC LAW
Group Assigment 1
Legal Opinion

Case A : Odd Number

Dear Mr. /Mrs. Consultant,
My name is Aisya Putri. I was chairman of the union of youth in my village, called Rejosari
Village, located in district of Malang, East Java Province. I want to ask a question about the
situations in my village. In my village, there is a piece of land with an area of 2000m2 which
is currently used for Public Cemetery. According to local stories, the land is a Wakaf land
from a well-known scholar who has died and is very popular with his generosity, named Kyai
Mustafa. Still according to the story, Kyai Mustafa has been donating the land for more than
50 years ago by way of handing it directly to Graveyard guard, known as Mbah Marto, to
manage that cemetery. He managed the cemetery very well. Last year, Mbah Marto died
and his duty continued by his son, Mr. Hasan.
A few months ago, the officer from Local Government of Malang came to our village. They
informed us that the village would be crossed by the toll road highway between the
provinces in accordance with the Spatial Plan of the Government of East Java Province. In
the design of the construction of toll roads, toll roads will cross the Public Cemetery. The
officer said they would displace the Public Cemetery. As the guard of Graveyard, Mr. Hasan
attempted to negotiate with the government. Mr. Hasan plans to offer the government to
buy land of Public Cemetery at a decent price, and the profit of the sale will be used to buy
new land as the new Public Cemetery. To realize the plan, Mr. Hasan asking supports from
local communities including the youth union to submit proposals to the government.

My questions are:
a) Does wakaf land that has long been used as a Public Cemetery has a legal status.,
especially considering there is no any written evidence that is owned by Mbah Marto
and Pak Hasan regarding the status of the land?
b) Does the government's plan to displace land of Public Cemetery can be done?
c) Does Pak Hasans plan to sell the land can be done? What should we do about that?

Regards,
Aisya Putri