Journal of Social Welfare and Human Rights

The Legal Protection on the Uninhabited Wealth of the Tsunami Victims in Aceh Province, Indonesia
Prof. Dr. Iskandar Usman, Prof. Dr. Suhaidi, Dr. Ramlan Yusuf Rangkuti, EMK. Alidar

Abstract
The protection on individual property is a human right that should have attention from state, government institution and also public. Although the property is known that the owner is not known because of missing due to disaster like Tsunami in Aceh province, Indonesia. Islam as a religion also admits the right of personal ownership, but if it has determined that the property has no heir referring to the court decision, so according to Islamic teaching, the property is owned together which is managed by Baitul Mal as a religious property. In Aceh province, the properties which have no heir found in many places after it destroyed by a huge Tsunami in December 2006. But the properties, mostly lands, until recently after 10 years the disaster, have no law protection yet as it is directed by constitution No. 48, 2007. And others law regulations which are issued by government to handle the properties without heir after the tsunami. Based on this condition, this study tries to find out the causes and the law consequence due to not yet make the law protection on the properties without heir.

Full Text: PDF     DOI: 10.15640/jswhr.v3n1a5