House Commission III member Abdullah giving his statement virtually at the judicial review hearing of Law No. 23 of 2011 on Zakat Management, Monday (10/6/2025) in the Constitutional Court courtroom. Photo by MKRI/Ifa.

---

JAKARTA (MKRI) — The House of Representatives (DPR) stated that the inclusion of zakat as locally-generated revenue (PAD) in the Law on the Governance of Aceh represents one of the province’s special authorities. The provision, first introduced in Law No. 18 of 2001 on Special Autonomy for Aceh, has been maintained in the current law.

This was conveyed by House Commission III member Abdullah at the third hearing of the judicial review of Article 44 of Law No. 23 of 2011 on Zakat Management against the 1945 Constitution, on Thursday, October 2, 2025. The hearing of Case No. 140/PUU-XXIII/2025, filed by Arslan Abd Wahab, a retired civil servant from Central Aceh Regency, was held to hear the DPR’s and the Government’s statements.

Abdullah explained that regulating zakat as PAD and establishing Baitul Mal as the zakat management body form part of Aceh’s implementation of Islamic law. The arrangement aims to strengthen public awareness, ensure fair wealth distribution, and support local development.

“The provision provides legal certainty in zakat management and remains relevant to Aceh’s special authority. Therefore, this petition does not raise a constitutional issue,” Abdullah said before the Plenary Session chaired by Chief Justice Suhartoyo.

Government: Legal Certainty in National Zakat Management

Abu Rokhmad, Director General of Islamic Community Guidance at the Ministry of Religious Affairs, stated that the Zakat Management Law applies nationally, including in Aceh, as long as it does not contradict Law No. 11 of 2006 on the Governance of Aceh. The provision, he said, ensures legal certainty without eliminating Aceh’s special status.

He emphasized that closing provisions in laws are crucial to clarify the validity and transition of regulations. Adding the phrase “except for the Province of Aceh,” he added, would contradict legislative drafting standards.

The petition was filed by Arslan Abd Wahab, former Head of the Financial Agency of Central Aceh Regency (2022–2024), who was convicted for managing zakat as PAD. His legal counsel, Zulkifli, argued that the unclear interpretation of Article 44 has caused legal uncertainty and could criminalize financial officers across Aceh.

The Petitioner requested that the Court declare Article 44 of the Zakat Management Law conditionally unconstitutional, to include the phrase “except for the Province of Aceh.”

Author: Sri Pujianti
Editor: N. Rosi
PR: Andhini S. F.

Translator: Yuanna Sisilia

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.

 

---