PENGELOLAAN KEUANGAN HAJI DI INDONESIA (Studi Undang-Undang Nomor 34 Tahun 2014 Tentang Pengelolaan Keuangan Haji)

Muhammad Aziz Zakiruddin, NIM.: 19300016001 (2023) PENGELOLAAN KEUANGAN HAJI DI INDONESIA (Studi Undang-Undang Nomor 34 Tahun 2014 Tentang Pengelolaan Keuangan Haji). Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The government’s efforts to improve the Hajj financial management have led to an increased political interest in Hajj affairs in Indonesia. The existence of Law Number 34 of 2014 concerning Hajj Financial Management (PKH Law) is considered not only to facilitate but is full of interests. The PKH Law is seen as facilitating the government’s efforts to utilize and invest Hajj funds for infrastructure. This then has formed a shift in the orientation of the use of hajj finance, which leads to profit-oriented. This is considered to have eliminated an important aspect of the Hajj financial management itself. This dissertation focuses on issues namely: (1) Political configuration and legal products of the Hajj Financial Management Law in Indonesia, (2) Dynamics and considerations in optimization and efficiency of Hajj finances based on the PKH Law in Indonesia, (3) Integrative legal pattern of regulation of Hajj financial management in Indonesia. This research is in the type of juridicalnormative research or can be categorized as library research. This dissertation uses several approaches, namely the statutory approach, historical approach, and economic approach. The study results show that, First: the democratic configuration of legal politics that produces responsive legal products is an unconfirmed thesis in the PKH Law. This dissertation finds an anomaly that occurs, namely a democratic political configuration that produces elitist/conservative legal products. The PKH Law was born through a democratic political configuration. However, the indicators of responsive legal products do not appear in the PKH Law. Second, the implementation of optimizing the Hajj financial management is carried out in accordance with the provisions of the PKH Law. However, optimization efforts have problems in terms of the trust. The problem of trust existed due to the dark period caused by the centralization of the Hajj at the Ministry of Religion. The next cause existed from the political conditions in the year leading up to the presidential election, as well as the situation entering the posttruth era. The issue of trust can be resolved by building a space for participation in Islamic civil society in an effort to provide an explanation of economic considerations and analysis in the policy of managing hajj finances. Economic considerations of legal products for the Hajj financial management can be seen in the PKH Law, as well as considerations in the Constitutional Court’s decision on the case for a judicial review application for the PKH Law. The legal product for Hajj financial management provides an overview from an economic perspective aimed at maintaining transaction currencies and BPIH values (hedging), as well as efforts for efficiency and utility sharing that are oriented towards national economic development. Third, adopting an integrative legal pattern, the legislation on Hajj financial management must be built on the basis of Pancasila values. Pancasila, which is a value system, is embodied in regulations or the PKH Law, which is a system of norms, then implemented within the scope of the bureaucracy and society, which is a system of behavior. Not only in the legal aspect but Pancasila in the Hajj financial management can also be implemented in the criteria or principles of placement and utilization of Hajj finances, which the author calls interactionist interconnection relations.

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