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All Journal Al-Daulah : Jurnal Hukum dan Perundangan Islam Jurnal Hukum dan Pembangunan Munazzama Journal of Islamic Management and Pilgrimage
Nurafifah, Yamuna
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Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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ZAKAT: Government Fiscal Policy Instruments in the Covid-19 Pandemic Nurafifah, Yamuna
Munazzama: Journal of Islamic Management and Pilgrimage Vol. 1 No. 2 (2021): December 2021
Publisher : Fakultas Dakwah dan Komunikasi Universitas Islam Negeri Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/mz.v1i2.9899

Abstract

This study is a literature research that uses qualitative methods, the data is presented in a narrative and focuses on the direction of the description. Sources of data come from primary and secondary data sources. This study focuses on an overview of zakat in Islamic economics and zakat in Indonesian legal policy in order to find out zakat from the perspective of Islamic economics and law in Indonesia. Instruments of fiscal policy in Indonesia to determine the fiscal policy of the Indonesian government. The relevance of zakat as an instrument of fiscal policy in Indonesia during the covid-19 pandemic to find out the potential of zakat as a government policy instrument in the covid-19 pandemic. The results of the study are zakat in Islamic economics including:  source of state revenue while in Indonesian law it is not included in the state budget. The reflection of the Indonesian government's fiscal policy is the APBN. Zakat has great potential, role and benefits as an instrument of government fiscal policy in dealing with the Covid-19 pandemic. Modern management and laws are still needed to maximize zakat collection.
The Principle of Meritocracy in the Management Structure of Badan Pengelola Investasi (BPI) Danantara Nurafifah, Yamuna; Pitra, Hajrazul
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 15 No. 1 (2025): April
Publisher : Department of Constitutional Law, Faculty Sharia and Law, UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2025.15.1.129-159

Abstract

BPI Danantara was established as a state-owned legal entity to manage SOEs' assets and investments, adopting the principle of meritocracy, similar to Temasek Holdings in Singapore. Normatively, the recruitment and appointment of officials is expected to be based on competence and professionalism. This research is a normative legal research using conceptual approaches and legislative approaches. The results of this study show a gap between the ideal of meritocracy and BPI Danantara's institutional practices. Through a comparative approach and normative analysis of Law 1/2025 and PP 10/2025, this study found that the institutional design and recruitment mechanism of BPI Danantara still opens room for political influence, both through the involvement of political actors in supervisory and executive organs and through the pattern of employee placement from ASN and SOEs. This finding confirms that meritocracy in BPI Danantara has not been fully institutionalized and continues to intersect with politicized practices in state investment governance.
Politik Hukum Kedudukan Wakil Presiden dalam Badan Pengarah Percepatan Pembangunan Otonomi Khusus Papua Pasalli, Maleakhi Samuel; Nurafifah, Yamuna; Gunawan, Pranaldo
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

The legal policy regarding the amendment of Law Number 21 of 2001 into Law Number 2 of 2021 concerning Special Autonomy for Papua marks a paradigm shift from asymmetric decentralization towards controlled autonomy or leading to the centralization of power, notably through the establishment of the Steering Committee for Acceleration of Development of Special Autonomy for Papua (BP3OKP), which is chaired directly by the Vice President. This research is motivated by juridical issues wherein the Academic Paper (Naskah Akademik) of the amendment fails to provide scientific justification regarding the urgency of establishing this special body or the involvement of the Vice President, as well as the potential distortion of the constitutional aspects of the Vice President's position within the presidential system. The primary objective of this study is to analyze the legal policy behind the formation of BP3OKP and to examine the constitutionality of the Vice President's position as the chair of said body, having obtained authority through attribution. The findings indicate that Article 68A, which regulates BP3OKP, emerged from a top-down and elitist political process lacking a scientific basis in the Academic Paper, reflecting an authoritarian political configuration that yields an orthodox legal product in the interest of recentralizing central power. Furthermore, the designation of the Vice President as the Chair of BP3OKP through statutory attribution is deemed unconstitutional as it obscures the Vice President’s position, which, under the 1945 Constitution, should strictly be that of an assistant to the President with delegated, rather than attributive, authority. This study concludes that the institutional design of BP3OKP constitutes a form of political design that places the Vice President outside the domain of a pure presidential system, thereby resulting in overlapping local governance and the implementation of Papua's special autonomy.
Co-Authors Gunawan, Pranaldo Pasalli, Maleakhi Samuel Pitra, Hajrazul