Judicial Review Trial of Law 23/2011 concerning Zakat Management was held back by the Constitutional Court (MK) on Tuesday (17/10). Registrar of the Court to register the case with the number 86/PUU-X/2012 filed by several charities listed as a petitioner in this case, the Foundation Purse Dhuafa, Al-Falah Social Foundation and the Foundation for Orphans Self Malang.
In the trial this time, the Indonesian Ulema Council (MUI) is present to provide information about the management of zakat. Head of Legal Division MUI Sugito describes the settings in this Act perfecting the old law in order to improve good governance in the management of zakat. "Regarding the amil zakat institution with legal status, it is done so that a clearer accountability. If there is a more even balance, so it is given to amil, amil not to be mustahik. The sanctions are aimed at making the law so that no misuse by individuals, which is not clear amil or mustahik," he said before the panel of judges, chaired by Chief Justice of the Constitutional Court, Moh. Mahfud MD.
In addition, Sugito also explained that the MUI hope pillar of Islam is implemented in an orderly, accountable and transparent. In the legislative process, further Sugito, MUI also involve Islamic organizations and various bodies of amil zakat. "MUI involved from the beginning and to advise the House of Representatives and the president based on the results of the meeting with Islamic organizations," he said.
MUI, said Sugito believe everything contained in the Qur'an and Sunnah regarding the management of zakat has been embodied in the law, especially regarding the unification of the management of zakat. "This law did not conflict with the 1945 Constitution because it is the embodiment of the first principle Pancasia about Belief in One God almighty and Article 29 paragraph (2) of the 1945 Constitution," he said.
Mentioned about the possibility of catching amil zakat many individuals scattered in various areas due to the enactment of Article 41 of Law No.. 23/2011, Sugito explaining it will not happen if the government does not directly implement this Act. "There was a period of 5 years for the Government to disseminate this Act. We want individuals to be amil, he would lead the LAS so that they are not individually in collecting zakat. The government is expected to provide space and not directly implement. However, the Government must be consistent dissemination of laws," he said.
Meanwhile, representatives of BAZNAS, K.H. Hafiuddin revealed that this law is a solution to the national problem in the running world alms coordination. "This law strengthens coordination between agencies amil zakat of BAZNAS with others that are not regulated under the previous law. In addition, the Act also builds the widest possible interaction between BAZNAS amil zakat with other agencies," he said.
In principal the petition, the Petitioners are represented as Heru Susetyo attorney, argued that his constitutional rights guaranteed by the 1945 Constitution have been violated by the enactment of Article 5, Article 6, Article 7, Article 17, Article 18, Article 19, Article 38 and Article 41 of Law No. . 23/2011. Petitioner argued these chapters there is an element potentially criminalize the amil zakat both individuals and institutions. Heru also explains Article 17 of Law no. 23/2011 indicates inequality between zakat (BAZNAS). According to him, the word 'help' has inequality between BAZNAS with amil zakat. (Lulu Anjarsari / mh/Yazid.tr)
Wednesday, October 17, 2012 | 17:15 WIB 229