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The primary objective of this research is to evaluate the conformity of court decisions with regional regulations (Perda) and relevant laws regarding land disputes over the wakaf land in the Mbah Ali Mas'ud cemetery area. This study employs a normative legal approach with a case study methodology, analyzing court decisions, relevant legislation, and related literature. The findings indicate that the court's decision in this case does not align with Sidoarjo Regency Regulation No. 11 of 2016, as it failed to follow the prescribed procedures, disregarded the rights of the defendants, and did not refer to valid wakaf documents. To implement the Wakaf Law effectively in dispute resolution, it is necessary to enforce legal and administrative aspects, such as the appointment of a legitimate nazhir, enforcement of court decisions, and the return and handover of wakaf land to the authorized nazhir.
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Adimaski et al. (2024) studied this question.
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