KRITIK HUKUM ATAS RESPONSIVITAS HUKUM ZAKAT DI MASA REFORMASI: STUDI TERHADAP UNDANG-UNDANG NO. 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT

Ali Murtadho, NIM.: 19300016025 (2022) KRITIK HUKUM ATAS RESPONSIVITAS HUKUM ZAKAT DI MASA REFORMASI: STUDI TERHADAP UNDANG-UNDANG NO. 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (KRITIK HUKUM ATAS RESPONSIVITAS HUKUM ZAKAT DI MASA REFORMASI: STUDI TERHADAP UNDANG-UNDANG NO. 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT) 19300016025_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (10MB) | Preview
	Text (KRITIK HUKUM ATAS RESPONSIVITAS HUKUM ZAKAT DI MASA REFORMASI: STUDI TERHADAP UNDANG-UNDANG NO. 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT) 19300016025_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (18MB) | Request a copy

Abstract

The Law No 23 of 2011 on Management of Zakat (new UUPZ) that substitutes Law No 38 of 1999 on Management of Zakat (previous UUPZ) – enacted during the Reformation Era – triggered new problems among zakat activists who are members of Forum of Zakat (FOZ) and Coalition of Indonesian Zakat Communities (KOMAZ). The chaos is observable in the new UUPZ’s chapters with which the decentralized zakat management orientation moves to centralized in BAZNAS. This dissertation focuses on legal criticism of the new UUPZ, the future legal construction upon aspiration and social historical facts of zakat practices in Indonesia as the living law in society, and the reasons behind the importance of the new UUPZ changes. This juridical-normative research of law employs constitutional, historical, philosophical, and political approaches. While primary laws, in particular those related to legislations and literature, were taken as secondary data, interviews as the primary data were used to support the law material data analysis of both primary and secondary. The study discovered 3 (three) facts. Firstly, the legal criticism of zakat law claims that the new UUPZ is irresponsive since it is said that the state has failed to accommodate Islam civil communities. The existing spaces – the House of Representative where UUPZ discussions took place and the Constitutional Court where judicial review was taken – are in the same hegemony of power. The criticism is based on the facts that: 1) there is discrepancy between the background of substituting previous UUPZ and the substance of the new one. On the contrary to what was printed in the academic script, which suggested the Body of Zakat Administration (BPZ) serve as the regulator, the new UUPZ assigns BAZNAS double functions: as a regulator and an operator. 2) The state’s role both in the discussion the Bill against previous law and in the judicial review submission trial in the Constitutional Court tends to show their power. Implementing “centralized zakat management”, the state practiced an Old Order culture hegemony called executive heavy in the state administration theory. It proves that political factor influences law products. This type of influence is known as “anomaly of political configuration relation against law products”. Secondly, in the future, the zakat law should be constructed in the following frames. 1) The law should provide spatial justice for Islam civil communities’ participation and democracy. 2) The law should accommodate the living law of social historical factors of zakat practices in the society. Thirdly, there are at least 2 (two) essential reasons why the new UUPZ needs to be amended. 1) Islam civil society’s trust becomes the main factor in optimizing the management of zakat. 2) Centralized zakat administration in BAZNAS’s hand has neglected social historical facts of zakat practices that based on Islam civil society – such as direct delivery from muzaki to mustahik; delivered through religious organizations like Muhammadiyah, NU, MIAI, Masyumi, committees of zakat in mosques, mushala, pesantren; and some merely zakat institutions like BAZ and LAZ. These practices, in fact, has never negated each other.

Share this knowledge with your friends :

Actions (login required)

View Item