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All Journal Mazahib: Jurnal Pemikiran Hukum Islam Jurnal Legislasi Indonesia
Hadinatha, Miftah Faried
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Religion Law, Crime, Criminology & Criminal Justice

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The Constitutional Court Decision and Islamic Philanthropy Movements: Analysis of Zakat Organizations Legality in Samarinda Iswanto, Bambang; Hadinatha, Miftah Faried
Mazahib Vol 22 No 1 (2023): VOLUME 22, ISSUE 1, 2023
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v22i1.5968

Abstract

As the capital of East Kalimantan province, Samarinda city government has adequate access to ensure the Legality of zakat management organizations in its jurisdiction. However, many community-based zakat agencies still carry out their activities without state license. Otherwise, the Constitutional Court Decision Number 86/ PUU-X/2012 obliges these zakat agencies to get the Ministry of Religious Affairs permit based on the National Amil Zakat Agency (BAZNAS) recommendation, in this case, the BAZNAS of Samarinda. This article focuses first on the legal implication of the Court’s decision which confirms the constitutionality of the zakat agencies' licensing requirement in Indonesian Zakat Law. Second, it probes the Samarinda community-based zakat agencies' stance on unlicensed activities and factors affecting their compliance with the Court's decision. Using socio-legal method, this article finds that the Court has established a norm that every zakat management organization must obtain the state's license as long as they operate within the jurisdiction of BAZNAS. Hence, it is considered illegal when community-based zakat agencies in Samarinda manage zakat unlicensed because every corner of the city is arguably within reach of BAZNAS Samarinda operation. Nevertheless, the Court's ruling is not observed by the society in Samarinda because they build their own social construction in implementing the Islamic teaching of zakat. Their stance is mainly influenced by religious motives instead of legal compliance, as well as the hereditary obedience to religious figures. Although many zakat agencies are not licensed, the society always feels benefited and facilitated by their work of collecting and distributing zakat in their region. Keywords: Amil zakat, legality, Constitutional Court, Samarinda
Penataan Materi Muatan Peraturan Pemerintah dan Peraturan Presiden dalam Sistem Hukum Indonesia Hadinatha, Miftah Faried
Jurnal Legislasi Indonesia Vol 19, No 2 (2022): Jurnal Legislasi Indonesia Volume 19 Nomor 2 - Juni 2022
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v19i2.875

Abstract

This article was written departing from the unrest of the condition of the laws and regulations in Indonesia experiencing hyper-regulation. This is one of them is due to so often the material of Government Regulations (PP) and Presidential Regulations (Perpres) delegate technical rules to lower regulations, such as Ministerial Regulations. In that case, the study seeks to decide for both types of regulations. The question will be focused in two; First how to organize the content material pp and perpres? Second, what are the implications that arise from the arrangement of PP and Perpres charge material? This type of research is normative with secondary data being its main base. While the approach used is conceptual and legislation. The first research results, the arrangement of PP and Perpres materials are carried out by first complying with the concept of hieraricis, then making the type of two, then ensuring the style of sentence formulation, continued to adhere to the principles of the formation of laws and regulations that are all contained in academic manuscripts, and ended with the omnibus law method. Second, the implications that occur as a result of the arrangement is that the centralization of the issuance of regulations will be on the President, the rules in question will be easily supervised by the President, and minimize the symptoms of sub-delegations.
Co-Authors Bambang Iswanto