INTELLECTUAL PROPERTY RIGHT (IPR) AS AN OBJECT OF WAQF ACCORDING TO LAW NO. 41 YEAR 2004 ON WAQF

Abstract

Waqf, one of the institutions accommodating Islamic laws, has been known and lived in Indonesia society for such a long time. However, the practice and development of waqf run in the community, are still very conventional; generally they are only intended to support facilities and infrastructure for ritual worship of Islam, such as the construction of Masjid and Pesantren; a place where people study Islam comprehensively. The provisions of Article 16 of Act No. 41 of 2004, describes that waqf may consist of movable and immovable properties. Furthermore, learning from the formulation of Article 1 of Act No. 19 of 2002, it can be understood that a copyright may be regarded as a property right. Based on this assumption, the Intellectual Property Right registered as property of waqf at Directorate General of IPR may be suggested to be able to be handed over. When it happens, it must be clearly stated the type of IPR including the aims of the waqf in accordance with the provisions of waqf. After handing over, the possession of IPR established by the authority shall be owned in accordance to the deal agreed by the first owner of waqf as a wÄqif.