P-ISSN: 2808-5957

E-ISSN: 2808-6724

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1165

INTRODUCTION

the basis for the community's need to develop their region. Perda was born from the

womb of people's thoughts through its actors, namely the regional government

(hereinafter referred to as Pemda), this became part of the unifying component of the

nation to strengthen diversity within the framework of the Unitary State of the Republic

the people in the region according to the potential or capacity and characteristics of the

regional community itself (Bungaran, 2012).

they must follow the regulations that have been made by the local government itself,

the regulations formed by the local government are regulating the wider community

(public law), according to Gordon the rules governing the wider community are part of

state administrative law In addition, the rules governing the wider community are

drawn up by the government consisting of the executive, legislature and courts. In the

regional context, there is no single party that has more authority than the local

government itself which creates and exercises the power to regulate the local

Constitution of the Republic of Indonesia, it is emphasized that regional governments

have the full right to stipulate a regional regulation, this is in order to carry out

autonomy and assistance tasks. Each regional head and the Regional People's

Representative Council (DPRD) are given the same authority, namely the authority to

form laws or legislative authority.

local regulations are made to meet various kinds of problems in very complex aspects

of community life, and these problems are relegated to regional regulations in order to

prioritize the interests of the people, problems that often arise in the community are

aspects of the economy or growth. regional welfare development (Angkadai, 2020).

practice of zakat has an important role in the economy of citizens and the progress of

the civilization of the Indonesian nation.

then the potential for zakat practice in Indonesia is very possible to help the country's

economy (Lorensia, Canggih, & Wijaya, 2012). In the regulatory aspect, the fact is that

it has not been in tune with the large potential of zakat and can be used by the

community to its full potential. Zakat regulation still needs to be reviewed, because Law

Number 23 of 2011 concerning Zakat Management (hereinafter referred to as UUPZ)

has not comprehensively accommodated regional interests.

regulations, namely the law, the conflict is a problem that to this day has no solution.

As a result, every local regulation that is made has no relevance to (Muhtada, 2017). Or

with another meaning, the zakat regulation that was formed today is not in accordance

with the concept of the hierarchical theory of laws and regulations, It is this

discontinuity that ultimately requires the zakat regulation to have legal certainty. As a

state of law and a country that has the largest Muslim community in the world. Legal

while the regional regulations on zakat which in fact talk about religion are the authority

of the central government. this can be seen in Law 32 of 2014 concerning Regional

Government. The starting point of this paper is to find out how legal certainty is

regarding the formation of regional regulations on zakat. In principle, legal certainty is a

form of protection for justice seekers against arbitrary actions by regulators, or in other

contexts legal certainty can be addressed to the needs of citizens in carrying out

activities so as not to get out of the state of law (legitimate) (Mertokusumo & Pitlo,

because the actions and behavior of a citizen have been regulated in positive law. If it

government governing society.

METHOD

Normative research that uses a statute approach by examining various legal rules

(Efendi, 2016). This study uses a library research system to find legal materials relevant

to this research. The data sources used are primary data with primary, secondary, and

tertiary legal materials. The analysis used is qualitative analysis, adhering to the

characteristics of law as an applied science

RESULT AND DISCUSSION

1. Legal Certainty Regional regulations regarding Zakat Management

Regarding the principle of legal certainty, in fact the existence of this principle

is interpreted as a condition where the law is certain because of the concrete power

of the law in question. The existence of the principle of legal certainty is a form of

protection for justice (seeking justice) against arbitrary actions, which means that a

do not know what to do and in the end, uncertainty arises which will eventually

refers to the application of a clear, permanent and consistent law where its

implementation cannot be influenced by subjective circumstances (Prayogo, 2016).

Although it is said that legal principles are the heart of legal regulations, they

cannot be equated between legal principles and legal norms in the form of positive

law. Legal principles only regulate and explain (explanation), where the aim is only

to provide an overview and is not normative.9 Therefore, legal principles do not

include positive law and certainly cannot be applied directly to resolve legal

disputes. In this case, Van Eikema Hommes explicitly said that legal principles

affect the welfare of society as a whole (Todaro, Michael P., 2011).

Human development is defined as a process of increasing the capability of

humans or populations to be able to participate in all areas of development, and to

lead a healthy and productive life in society (Alkire, 2010); Hassan et al. 2017).

Human development has a broader meaning than economic growth, more than just

increasing income and the process of producing goods and capital accumulation.

The underlying reason why human development needs attention is that many

developing countries including Indonesia have achieved economic growth, but have

failed to reduce the poverty gap (Asmita & Ruslan, 2017).

Zakat according to terminology means, a certain amount of property that is

required by Allah SWT. To be given to the mustahik who have been mentioned in

the Qur'an. Zakat can also mean a number of assets given to certain people.

Pronunciation of zakat zakat can mean a number of assets taken from the assets of

those who pay zakat. Syukri Ghozali stated that zakat. is a certain part of the

wealth that is given by a person as a right of Allah to those who are entitled to

receive it, including the poor, according to Islamic religious provisions. As for the

robbani. Humans will reach this level when they have been separated from the

love of the world (especially the love of wealth) and become servants of Allah

alone, not servants of dinars or dirhams. This is as conveyed by the prophet

SAW:

By slander, humans are created to love wealth. Humans cannot be separated

from the love of wealth that makes them inhabit the bottom of hell except by

issuing zakat every year

The wisdom of issuing zakat is as follows:

In addition to the happiness of the world, zakat is also a medicine for the sick

and brings health and safety. As for the happiness of the hereafter, it is in the

form of eradicating bad and increasing goodness, besides that zakat is a way to

forgiveness and good luck reaching heaven. In fact, to reach the highest level

in heaven.

people can turn into hostility, trying to steal and confiscate their property, even

killing and stealing their property. But if the rich are gentle towards the poor,

share with the poor, look at orphans and widows with a look of compassion and

help those in need a helping hand, this attitude will make him loved by the

poor. He also felt safe, calm, and peaceful.

for the person who gives zakat by saying good things so that he will be

expanded his sustenance and be safe in the hereafter (Muhammad, 2012).

Sector in the economy is an important object in the discussion of zakat.

term. The economy is reflected in the excellent quality of the community's

economy, an adequate level of education, along with a high level of per capita

income. The obligation to issue zakat has a strong foundation as the achievement

of a high-income country to create an economy for housing and other necessities of

life (Hamid, 2006).

Positive relationship between zakat and human development in Indonesia.

That is, by increasing or decreasing the nominal amount of zakat, it will affect the

increase or decrease in health, education, and income of mustahik. Therefore, it

can be concluded that zakat can play an important role in improving the welfare of

the community, especially mustahik.

duties or functions of the government are made by the government organs or

institutions themselves so that This is something that the makers of the rules or

regulations really need to pay attention to, so that it really accommodates the

"independent". While a broader meaning is defined as "powerful". Regional

autonomy thus means the independence of a region in terms of making and making

decisions regarding the interests of its own region. If the region is able to achieve

the conditions required by the region, it can be said that the region is empowered

(capable) to do anything independently without pressure and coercion from

outsiders and of course adapted to regional conditions and needs.

Various definitions of Regional Autonomy have been put forward by many

experts, and it can be concluded that regional autonomy is the authority of an

autonomous region to regulate and manage the interests of the local community

according to its own initiative (initiative) based on community aspirations in

accordance with statutory regulations. Meanwhile, the autonomous region itself is a

legal community unit that has certain regional boundaries and is authorized to

mandated by Article 18 of the 1945 Constitution of the Republic of Indonesia. Post-

reformation with a decentralized and regional autonomy system provides a logical

understanding that local government, especially DPRD in its position and function,

has shifted from central coordination with a centralized system to a decentralized

and regional autonomy system based on arrangements mandated by laws and

regulations or clearly affirmed as part of the function. and the authority of the

regional government, especially the DPRD as one of the regional government

administration institutions.

In relation to that understanding, the use of legal language, in Article 18

paragraph (6) contains the phrase "has the right to stipulate Regional Regulations"

perumusan lembaga atau badan atau pejabat yang berwenang untuk itu.

In relation to the process of "forming" this regional regulation, there are

important things that need to be stated so that it becomes a serious concern

regarding how to produce or produce a regional regulation. Law No. 12 of 2011

concerning the Establishment of Legislation requires the existence of “openness”

(see letter g of the Law). In the explanation of letter g, it is stated that:

“In the process of forming laws and regulations, starting from planning,

drafting, discussing the ratification or stipulation and promulgation, it is transparent

and open. Thus, all levels of society have the widest opportunity to provide input in

the formation of laws and regulations

Related to that, in Article 96 of Law no. 12 of 2011 also states that: "The

public has the right to provide input orally and/or in writing in the Formation of

Legislation". In Article 237 paragraph (3) of Law no. 23 of 2014, states that "The

community has the right to provide input orally and/or in writing in the formation of

a regional regulation". Still in relation to that, the role of the community in the

process of forming laws and regulations (Perda) is carried out by taking into

and Article 149 paragraph (1) letter a, that "DPRD districts/cities have functions

regulations, and based on article 18 paragraph (6) it is stated: “Local governments

have the right to stipulate regional regulations and other regulations to carry out

autonomy and assistance tasks”. There is the word "set". Based on article 20

paragraph (1) it is stated that: "The House of Representatives holds the power to

form laws". There is the word "form". The formal power to "form" regulations

(laws) rests with the legislative body called the DPR but does not mention the

executive (president), and the formal power to "stipulate" regulations (perda) rests

with the Regional Government. There is no mention of the legislative

According to the author's analysis, the comparison of sentences in a series of

articles contains similarities or even similarities in terminology used in legislative

institutions at the central and regional levels, namely "forming" and "forming".

Thus, the legal power of the DPR's "power" is the same as that of the DPRD

because the powers of the two institutions are discussed with the term "form" as

"stipulate" regional regulations for the scope of the region.

Thus, in order not to have similar terminology and multiple interpretations, the

law should have been revised, because if it is not revised it seems as if the legal

powers or legal authorities of different levels become equal. The context of the

1945 Constitution regarding the powers of the DPR is clearly stated as a law-

making institution while regional governments are stated to have the right to

stipulate local regulations, so it is not the formation of local regulations as intended

in the related law. To overcome the ambiguity of the legal meaning of the 1945

Constitution and other related laws, it is more like "the right to formulate or

that explanation, as stated by Abdul Latif that: “The Regional People's

Representative Council is equipped with initiative rights and the right to make

changes. Even the agreement itself contains the authority to determine

(dicicive)”.the other hand, there is a normative narrative that shows the concept of

“determination” so that contradictory meanings are reflected in the normative link

of the existing institutional functions. In the regulation it is stated that: "Regional

regulations are stipulated by the Regional Head after obtaining joint approval from

the Regional People's Representative Council." (UU 32 Tahun 2004) Based on the

explanation above, a comparison of concepts appears in which the normative level

of the concept of proposed legal structures leads to systematic structural problems

regional autonomy.

CONCLUSION

legitimacy in the law, currently zakat regulations are still very much needed by local