LAZISNU Secretary, Moesafa, delivering his testimony as a related party on judicial review of Law Number 23 of 2011 on Zakat Management, Tuesday (5/11) at the Plenary Courtroom. Photo by MKRI/Panji.

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Jakarta, MKRI—Amil, Zakat, Infaq, and Shadaqah Agency of Nahdlatul Ulama (LAZISNU) stated that his party needed to ensure that the regulation to collect zakat, infaq, and sadaqah enabled the optimization of the role of Amil Zakat Agency (LAZ) in empowering people and alleviating poverty. LAZISNU needed legal certainty on the mechanism of managing and distributing zakat, which can strengthen LAZ's position in society.

He said that on the hearing of Case Number 97/PUU-XXII/2024 on the material judicial review of Law Number 23 of 2011 on Zakat Management. The hearing on Tuesday, November 5, 2024, was to hear the testimony of the House of Representatives and related parties: National Amil Zakat Agency (BAZNAS), Muhammadiyah's Amil, Zakat, Infaq, and Sadaqah Agency (LAZISMU), and LAZISNU.

“The enactment of Law Number 23 of 2011 directly affects public trust in zakat agencies, including LAZISNU, to ensure that zakat fund is managed transparently, accountably, and based on Islamic sharia. The Amil Zakat profession is a noble profession whose legal position is mentioned in Al-Quran. It shows that this profession is a sacred profession as an honorable task to ensure the perfection of the Muslim’s zakat worship,” Moesafa, Secretary of LAZISNU, at the Plenary Courtroom.

In its capacity as an agency responsible for zakat distribution, LAZISNU has an interest in Law Number 23 of 2011. Aside from giving fair room for LAZ, it is also essential to put the law within the corridor that prevents LAZ from the possibility of zakat fund misuse for the interest outside of zakat payers. Hence, LAZ can maintain the trust and mandate that has been given by the community as partners, muzakki, munfiq, and donors.

 Every decision that changes the provisions in Law Number 23 of 2011 will directly affect the continuation of LAZISNU's operation as an Amil Zakat agency. As an agency with a broad network in Indonesia and active in zakat management for the welfare of society, LAZISMU needs a stable, fair, and supportive legal basis in order to conduct its duties maximally, reach a broader range of beneficiaries, and fulfill the expectations of Muslims in Indonesia.

In the subject matter, LAZISNU opined that the discussion on the limitation of national LAZ opened the representation or other terms applied in regencies/cities no longer relevant due to the enactment of Ministry of Religion Regulation Number 19 of 2024 on Amil Zakat Agency. The zakat management system in Indonesia can be categorized based on the volunteering system, which means the zakat management is under the government of civil society, and there is no legal punishment for those who do not pay zakat. This voluntariness involves the willingness to pay or not, as well as the willingness to whom zakat will be distributed. There is no obligation to distribute zakat to certain parties.

The history of zakat management in Indonesia, which was started by religious organizations rather than the state, does not mean that the authority to regulate it is transferred from the state to religious organizations. This can be analogized to the history of education in Indonesia, which was started by the community long before this country was established.

“That the LAZ licensing process involving BAZNAS has not been an obstacle as long as the specified requirements have been well prepared,” Moesafa said.

Meanwhile, Deputy Chairperson of the Collection and Cooperation Division of LAZISMU Ihsan Tanjung said that his party considers that, in general, the articles tested by the Petitioners in Law Number 23 of 2011 are not problematic. This is because the government, as mandated by this law, must form BAZNAS, and the government is responsible for managing the implementation of zakat properly and accountably.

“Regarding the Petitioners' proposal that the norms of the article be given an explanation, as long as it is not interpreted as supervisor and recommender for LAZ, the substance of this article can be outlined in Article 18 paragraph (2) which is also the article submitted by the Petitioners,” Ihsan said.

On the other hand, Chairman of BAZNAS of the Republic of Indonesia Noor Achmad said that after Law Number 23 of 2011, there were 181 licensed LAZs, consisting of 48 national LAZs, 41 provincial LAZs, and 92 district/city LAZs spread throughout Indonesia. Dompet Dhuafa, LAZ Muhammadiyah, and LAZISNU are among those that are still active as national LAZs. Meanwhile, before Law Number 23 of 2011, there were only 18 LAZs.

He revealed that the LAZ collection is higher than the BAZNAS collection nationally. In 2023, the LAZ collection reached Rp 6.5 trillion, higher than the BAZNAS collection of around Rp 3.7 trillion in the same year. According to Noor, this is thanks to Law Number 23 of 2011, which successfully optimized the role of government and society in zakat management.

Meanwhile, the number of muzaki and munfiq in 2024 is now 34 million people. According to Noor, this data is in line with the enactment of Law Number 23 of 2011. “This shows that Law Number 23 of 2011 has succeeded in increasing literacy and public awareness of the obligation to perform zakat,” Noor said.

In addition, Member of Commission III of the House of Representatives of the Republic of Indonesia Sarifuddin Sudding, who represented the House of Representatives, testified in the hearing of this case, asking the Constitutional Court to declare that the Petitioners did not have legal standing and therefore could not be accepted. He asked the Court to reject the petition in its entirety and declare that the articles tested by the Petitioners in Law Number 23 of 2011 on Zakat Management are not contrary to the 1945 Constitution of the Republic of Indonesia and still have binding legal force.

“And if Your Honor the Chief Justice of the Constitutional Court is of another opinion, please give the fairest possible decision,” Sarifuddin said.

Also read:

Dompet Dhuafa, Jakarta Zakat Forum Challenge Zakat Management Law

Dompet Dhuafa and Forum Zakat Revise Petition on Zakat Management Law Review

Zakat Management Review Hearing Postponed

Govt: BAZNAS and LAZ Complement the Zakat Management System

The Petitioners of Case Number 97/PUU-XXII/2024 consist of Yayasan Dompet Dhuafa Republika, Perkumpulan Forum Zakat Jakarta, and individual Arif Rahmadi Haryono. They appointed Bambang Widjojanto and Denny Indrayana to be part of the legal team. The Petitioners, both as institutions and private individuals, in their activities are closely related to the practice of zakat management.

Petitioners who are muzaki (zakat operators) found themselves obstructed and harmed in their activities due to regulations regarding zakat management under articles and paragraphs contained in Law No. 23 of 2011 that are deemed harmful. The community organizations that have been established have and are still conduction education, campaigns, and dissemination about Zakat, Infak Sedekah (ZIS) gradually until now.

The Amil Zakat Institution (LAZ), which has existed for a long time, hoped that Baznas and LAZ would have equal roles and duties. They cited the regulation regarding state and private banks, which are equal, as well as the role of the Bank of Indonesia, which is responsible for monetary policy, regulating and supervising the financial system, and maintaining the stability of the rupiah.

The Petitioners deemed that the existence of Article 5 paragraph (1) implicitly and explicitly shows that the main purpose of the establishment of Baznas is to take over the collection of zakat that has been done by the community to be managed by the state and negate the history of the community management of zakat. In fact, when Baznas was newly established, to provide learning and experience to Baznas, there was cooperation in the management of zakat between Baznas and Dompet Dhuafa Republika Foundation, known as Baznas Dompet Dhuafa. The cooperation was done because Baznas has no experience in managing zakat.

According to the Petitioners, the regulations deny the history. For example, they excluded the zakat management institutions that existed before Baznas was established in the drafting of regulations regarding zakat management. The Law also does not facilitate the zakat management community.

On the petitum, the Petitioners plead the Court to declare Article 38 and Article 43 paragraph (4) contradict the 1945 Constitution and do not have legally binding power. Meanwhile, the Petitioners also ask the Court to re-interpret Article 5 paragraph (1), Article 6 paragraph (1), Article 7 paragraph (1), Article 16 paragraph (1), Article 17, Article 18 paragraph (2), Article 19, Article 20, Article 41, and Article 43 paragraph (3) as per their requests. (*)

Author: Mimi Kartika
Editor: Lulu Anjarsari P.
PR: Fauzan Febriyan

Translator: Rizky Kurnia Chaesario (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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