Al-Manāhij : Journal of Islamic Law Studies

Vol. 1 4 No. 1, June 2020 , 1 - 20

p-ISSN 1978-6670 | e-ISSN 2579-4167 DOI: https://doi.org/10.24090/mnh.v 14 i1. 1823

Anomaly of Political-Configuration Relations to Zakat-Law

Product During Reform Era
Ali Murtadha Emzaed 1*, Ibnu Elmi AS Pelu 2

IAIN Palangka Raya, Indonesia

1*2

Jl. G. Obos , Palangka Raya Islamic Center, 73112

E-mail: 1 ali.murtadho@iain-palangkaraya.ac.id., 2 ibnu.elmi@iain-palangkaraya.ac.id

Submitted : Accepted :

Revision : Publish :

Abstract : This study discussed the anomaly of political-configuration relation to zakat-law

products during Reform era. The democratic-political configuration resulted in a conservative
zakat-law product through the enactment of Law No. 23 of 2011 concerning Zakat
Management. The questions: why it emerged an anomaly in political-configuration relation to
zakat-law products during the Reform era? And how was the pattern of zakat law in the
efforts to involve civil-society participation in zakat-law enactment. This study applied
normative juridical with a legal-political approach that placed legislative regulations as
political products. The theory of spatial justice by Edward W. Soja was used to analyze the
issues. The findings indicated that first, anomaly in relationship between political
configuration and zakat law occurred because of the dominant character of executive in the
making of zakat law in DPR. Although there has been a shift in the domain of lawmaking
from executive to legislative. Second, to produce responsive laws, it is necessary to provide
spatial justice through the participation of Islamic civil society in the making of zakat law.
Keywords : anomaly; political configuration; zakat law; reform

Abstrak : Artikel ini mendiskusikan tentang anomali relasi konfigurasi politik terhadap
produk hukum zakat pada masa Reformasi. Relasi konfigurasi politiknya demokratis
menghasilkan produk hukum zakat konservatif, melalui penetapan UU No. 23 tahun 2011
tentang Pengelolaan Zakat. Pertanyaan mengapa terjadi anomali relasi konfigurasi politik
terhadap produk hukum zakat pada masa Reformasi? Dan bagaimanakah corak hukum zakat
terhadap upaya pelibatan partisipasi masyarakat sipil Islam dalam pembentukann hukum
zakat? Artikel yang berjenis yuridis normatif didekati dengan pendekatan politik hukum yang
menempatkan peraturan perundang-undangan sebagai produk politik. Teori keadilan spasial
 Vol. 1 4 No. 1, June 202 0

(spatial justice) dari Edward W. Soja dipakai untuk menganaliasis persoalan ini. Temuan
artikel ini, pertama anomali relasi konfigurasi politik terhadap produk hukum zakat terjadi
karena masih bercokolnya karakter dominasi eksekutif dalam pembuatan hukum zakat di
DPR. Meskipun telah terjadi pergeseran domain pembentukan UU dari eksekutif ke legislatif.
Kedua, untuk menghasilkan UU yang responsif harus memberikan ruang keadilan spasial
melalui partisipasi masyarakat sipil Islam dalam pembuatan hukum zakat.
Kata Kunci : anomali; konfigurasi politik; hukum zakat; reformasi

Introduction
The relation between law and society in the 1970s in America resulted in the
emergence of the responsive-law concept. The socio-political conditions were not much
different from what happened in Indonesia. Both were democratic countries that experienced
legal, social, and economic crises. America also experienced legal and social crises, and even
leaders with authoritarian leadership styles, particularly during President Richard Nixon.1
Meanwhile, Indonesia experienced a period of authoritarianism during the New Order era,
which led to the downfall of President Soeharto.2
In this context, responsive law became part of critical legal studies that emerged in
1977.3 It not only became a response to surrounding social conditions but was also part of the
intellectual exploration of legal experts.4 The tripartite relation resulted in three types of legal
products, namely: repressive, autonomous, and responsive laws.5
There were at least two types of law that have been implemented during post-
Independence in Indonesia, namely responsive/democratic law and conservative/authoritarian
law. Mahfud’s study proved Indonesia has practiced both types of law. First, the Sukarno’s
government era, which was divided into two periods: 1945-1959 and 1959-1966. The 1945-

1
Awaludin Marwan, Studi Huum Kritis: Dari Modern, Posmodern Hingga Posmarxis (Yogyakarta:
Thafa Media, 2012).
2
M. C. Ricklefs, Sejarah Indonesia Modern 1200-2008. (Jakarta: Serambi Ilmu Semesta,
2008), p.691.
3
Satjipto Rahardjo, “Hukum Progresif Sebagai Dasar Pembagunan Ilmu Hukum Indonesia,” in
Menggagas Hukum Progresif Indonesia, ed. Ahmad Gunawan & Mu’ammar Ramadhan (Yogyakarta: Pustaka
Pelajar, IAIN Walisongo dan Program Doktor Ilmu Hukum Universitas Diponegoro, 2006), pp. 3–4.
4
Khuzaifah Dimyati, Teorisasi Hukum Studi Tentang Pemikiran Perkembangan Hukum Di Indonesia
Tahun 1940-1990 (Surakarta: Muhammadiyah University Press, 2004), pp. 132-150.
5
Philippe Nonet &Philip Selznick, Law and Society in Transition: Toward Responsive Law (London &
New York: Routledge, 2017).

Anomaly of Political-Configuration Relations to Zakat-Law Product During Reform Era 2

1959 period is referred to as the period with responsive-law implementation. Indicators
included giving freedom to the people, determining representatives through fair, honest, and
democratic election in 1955.6 On the other hand, the second period of Sukarno’s government
in 1959-1966 applied repressive law, the result of an authoritarian political configuration.
Through factions in The House of Representatives of the Republic of Indonesia [henceforth
(DPR RI)], the political configuration worked in determining law-making policies. 7 The
formation of DPRGR (The Indonesian House - Mutual Assistance) without any elections,
merely through Penpres (Presidential Decree), is the main indication of power
authoritarianism, which later produced conservative legal products.8
Meanwhile, at the beginning of 1966-1998 period, President Soeharto's government
tended to be democratic,9 but gradually became authoritarian. Its political configuration was
known to be authoritarian with its hegemonic system through ABG pathway (ABRI,
bureaucracy, and Golkar). Its legal products were conservative in character, supported
through constitutional means.
The emergence of Law No. 23 of 2011 concerning Zakat Management (new UUPZ)
during ongoing Reform era became a problem in the realm of constitutional law, especially
regarding legal politics in the context of lawmaking. The wave of protests by Islamic civil
society groups against the enactment of the law showed that the new UUPZ was not
responsive. For example, the rejection by KOMAZ (Indonesian Zakat Society Coalition), 10
GEMAZ (Zakat Awareness Movement),11 and FOZ (Zakat Forum).12 Eventually, KOMAZ
6
Moh. Mahfud MD, Membangun Politik Hukum, Menegakkan Konstitusi, 4th ed. (Jakarta: PT Raja
Grafindo Persada, 2017), 69-73. See Hans Thoolen, ed., Indonesian and The Rule of Law, Twenty Years of New
Order Government (London: Frances Printer Publisher Ltd., 1987), p. 45.
7
Yahya Muhaimin, Bisnis Dan Politik: Kebijaksanaan (Jakarta: LP3ES, 1990), p. 42.
8
MD, Membangun Politik Hukum.., p. 75.
9
Daniel S. Lev, Hukum Dan Politik Di Indonesia (Jakarta: LP3ES, 1990), p. 402.
10
KOMAZ directly rejected by filing a judicial review to MK (Constitutional Court). See Afriza Hanifa,
“FOZ tak akan Uji Materi UU Zakat,” Republika.co.id., 19 April 2012, accessed 2 Jan 2023,
https://republika.co.id/berita/m2qger/foz-tak-akan-uji-materi-uu-zakat. The disputed articles of UUPZ included
Article 6 on the centralization of zakat management in BAZNAS, Article 7 on BAZNAS functioning as both
operator and regulator, Articles 17, 18, and 19 on subordination to LAZNAS institutions, as well as Articles 38
and 41 on the criminalization of individuals or institutions managing illegal zakat, such as village clerics and
zakat committees in mosques and musallas. See Yusuf Wibisono, Mengelola Zakat Indonesia: Diskursus
Pengelolaan Zakat Nasional Dari Rezim Undang-Undang No. 38 Tahun 1999 Ke Rezim Undang-Undang No. 23
Tahun 2011 (Jakarta: Prenada Group, 2015), pp. 168-170.
11
GEMAZ menolak negara sebagai pengelola zakat. “Indonesia - Regulations - GEMAZ UUPZ rejects
new Zakah Law,” 1 November 2011, accessed 2 Jan 2023,
http://islamicfinanceindonesia.blogspot.com/2011/11/indonesia-regulations-reject-gemaz-uupz.html?m=1. See
IMZ, Kajian Empirik Zakat, dalam Penanggulangan Kemiskinan (Jakarta: IMZ,2010), p. 121.
12
FOZ’s establishment in 1997 was not intended to contest the government, but rather to coordinate
zakat management institutions. However, eventually FOZ became an organization that was in conflict with the
state after the enactment of Law No. 23 of 2011 on Zakat Management. Although FOZ did not file a judicial

3 Ali Murtadha Emzaed )

 Vol. 1 4 No. 1, June 202 0

filed a judicial review to the Constitutional Court [henceforth (MK)], 13 although it later
resulted in defeat. In addition to rejection, the new UUPZ also received sharp criticism that
there has been a regression in the enactment of the law, 14 conflicts of interest between
BAZNAS (National Amil Zakat Agency) and the government, 15 the need for adjustment of
zakat regulations,16 and the UUPZ urged to be amended. 17 All of these were civil society
objections to the enactment of the new UUPZ.
This article was aimed at discussing anomaly of political-configuration relation to
zakat-law products during Reform era. Despite the political configuration was democratic, it
produced a conservative-zakat law through the enactment of Law No. 23 of 2011 on Zakat
Management. Therefore, the question that arised were: why did it emerge an anomaly in
political-configuration relation to zakat-law products during the Reform era? And how was
the pattern of zakat law in the efforts to involve civil-society participation in zakat-law
enactment?
Studies on configuration relation to the resulting-law products, such as Risky Wahyudi
Irianto G,18 Ana Eka Fitriani and Rizki Pangestu,19 Ali Majid,20 Solikhul Hadi,21 Ummu

review with the Constitutional Court, in principle it rejected the UUPZ. See Wibisono, Mengelola Zakat
Indonesia., p. 168.
13
Aris Cahyadi, “UU Zakat Timbulkan Ketidakpastian Hukum Pengelolaan Zakat di
Indonesia,”Beritasatu.com, 18 July 2013, accessed 3 Jan 2023,
https://www.beritasatu.com/beritasatu/nasional/126727/uu-zakat-timbulkan-ketidakpastian-hukum-pengelolaan
zakat-di-indonesia.
14
Wibisono, Mengelola Zakat Indonesia..., p. 165.
15
“Legislator Dukung Revisi UU Pengelolaan Zakat Masuk Prolegnas,” dpr.go.id, 26 Nov 2019,
accessed 24 April 2020,
http://www.dpr.go.id/berita/detail/id/26654/t/Legislator+Dukung+Revisi+UU+Pengelolaan+Zakat+Masuk+Prol
egnas
16
Syaikhu, Norwili, and Adawiyah, “The Zakat Management Legal Conflict of the Prismatic Society in
Central Kalimantan,” Al-Manahij: Jurnal Kajian Hukum Islam 16, no. 2 (2022): pp. 209–22.
17
Ibid.,
18
Law No. 11 of 2020 concerning
Job Creation is a responsive legal product aimed at creating job opportunities for the people of Indonesia. Risky
Wahyudi Irianto G, “Studi Konfigurasi Politik Law No. 11 of 2020 concerning Cipta Kerja : Sebuah Tinjauan
Literatur,” Journal Publicuho 5, no. 4 (2022): pp. 1245–60.
19
Law No. 21 of 2008 concerning Sharia Banking is considered a responsive legal product as the
Islamic society has a strong position in political-configuration map of Indonesia. A E Fitriani and R Pangestu,
“Pengaruh Konfigurasi Politik Terhadap Produk Hukum Perbankan Syariah Di Indonesia,” Ijtihad 38, no.1
(2022).
20
The idea of responsive law has been manifested in national legal politics since the enactment of Law
No. 25 of 2000 concerning the National Development Program (Propenas) in 2000-2004. Ali Majid, “Studi
Tentang Wacana Hukum Responsif Dalam Politik Hukum Nasional Di Era Reformasi,” Dinamika Hukum 12,
no. 2 (2021): pp. 35–56.
21
There are three characterizations of wakaf legal products after Indonesia’s independence, namely the
Old Order characterized as democratic, the New Order characterized as conservative, and the Reform era
characterized as responsive. Solikhul Hadi, “Dinamika Regulasi Wakaf Di Indonesia Dalam Konfigurasi

Anomaly of Political-Configuration Relations to Zakat-Law Product During Reform Era 4

Awaliah,22 Bakhtiar,23 and Nurul Ma’rifah,24 became an inseparable part of this study.
Although these studies did not precisely discuss zakat law, but they discussed legal themes in
the context of the political-configuration relation to its law products.
This normative-juridical study was examined using Edward W. Soja’s theory of spatial
justice. An anomaly in political-configuration relation to zakat law were able to be avoided if
lawmakers took spatial justice into their legislation by involving civil-society participation.

Reform Era and Responsive Law

The occurrence of the Reform era cannot be separated from expectations of most
society elements who desired changes in all life aspects. 25 The demand for legal
implementation that was responsive to civil society’s wishes has found its relevance to
achievements of reform movement marked by the downfall of authoritarianism and the
transition towards democracy.26 What B.J. Habibie did to amend the Constitution,
implemented the 1999 election with multi-party system, provided press freedom, and
improved check and balance function in DPR was a quick response to those demands.27
Legal positivism with a repressive legal pattern was the choice of the New Order
regime. Law seemed powerless to face the strong political power 28 at that time. Repressive
law was often used by the authorities to run their government in an authoritarian way. The

Politik,” YUDISIA : Jurnal Pemikiran Hukum Dan Hukum Islam 11, no. 2 (2020): p. 271.
22
A democratic-political configuration that produces responsive legal products in accordance with the
Islamic constitutional system provides laws that are capable of improving the welfare of society. Ummu
Awaliah, “Konfigurasi Politik Dan Produk Hukum Di Indonesia Ditinjau Dari Segi Hukum Tata Negara Islam, ”
Disertation, (Makasar: UIN Alaudin Makasar, 2021).
23
The banking law that emerged in the early days of the Reform Era tends to have a responsive
character because it was the result of a democratic decision-making process in DPR. Bakhtiar Bakhtiar,
“Konfigurasi Politik Dalam Pembentukan Hukum Perbankan Syari’ah,” Jurnal Al-’Aqidah 10, no. 2 (n.d.): pp.
9–10.
24
The political intervention of the rulers will facilitate efforts to reform Islamic law in Indonesia. Nurul
Ma’rufah, “Positivisasi Hukum Keluarga Islam Sebagai Langkah Pembaharuan Hukum Islam Di Indonesia:
Kajian Sejarah Politik Hukum Islam,” Al-Manahij XIII, no. No. 2 (2019): pp. 243–57.
25
Ali Murtadho Emzaed, Kamsi Kamsi, and Ali Akhbar Abaib Mas Rabbani Lubis, “The a Politics of
Recognition: The Legislation of Zakat Law in a Transition of New Order and Reform Era,” Ulumuna 24, no. 2
(31 Dec 2020): pp. 320–47.
26
Afan Gaffar, Politik Indonesia: Transisi Menuju Demokrasi, ed. Kamdani, Cet.6 (Yogyakarta:
Pustaka Jaya, 2006).
27
Azyumardi Azra, “Pengantar,” dalam Tim ICCE UIN Jakarta, Pendidikan Kewargaan: Demokrasi,
Hak Asasi Manusia, dan Masyarakat Madani (Jakarta: ICCE UIN Jakarta, 2003), x.
28
Satjipto Rahardjo, Beberapa Pemikiran Tentang Ancangan Antar Disiplin Dalam Pembinaan Hukum
Nasional (Bandung: Sinar Baru, 1985), p. 71.

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 Vol. 1 4 No. 1, June 202 0

law should be interested in civil society, not for the benefit of the rulers 29. In this context, the
law has an urgency in maintaining a collective balance in the midst of its constituent society.30
The typology of responsive law was very proper for Indonesia to enter the transition
period towards democracy,31 as happened in 1998.32
John Henry Marryman referred to responsive law as a law with a sensitive character
towards people’s aspirations.33 This concept was then developed by Nonet & Selznick through
responsive law. Responsive law has a special characteristic, namely to find hidden values in a
rule.34 This is where the importance of responsive law lies, which expands justice that is not
procedural, then extends it to substantive justice.35
The ability of the law to adapt 36 flexibly37 to society’s needs is part of responsive-law
character. In this context, the purpose of the law is for the welfare of society, not just for the
autonomous law, let alone the law that represses society and benefits of the rulers. Responsive
law is reflected in daily lives of society in a fair way. This condition is an effect of the
preparation of laws through a democratic political configuration.38
Anomaly of Relation between Political Configuration and Legal Products
Political configuration is used to provide a map of political power in a country in its
democratic or authoritarian form.39 The indicators can be seen from the party system, the
government role, and the press/media role. 40 Theoretically, the political configuration that is
built should have an influence on the legal products produced. At the beginning of Reform
era, the political configuration had changed from authoritarian to democratic.41
29
Sarifuddin Sudding, Perselingkuhan Hukum Dan Politik Dalam Negara Demokrasi (Yogyakarta:
Rangkang Education-Republik Institute, 2014), p. 45.
30
Fajlurrahman Jurdi, “Catatan Editor Postulat Hukum-Politik,” in Sudding, Perselingkuhan Hukum
dan Politik, xxiii.
31
Selznick, Law and Society in Transition.
32
Salim, “Epilogue: Shari’ah in Indonesia’s,” p. 213.
33
John Henry Marryman, The Civil Law Tradition (London & New York: Routledge, 2017), p. 205.
34
Philippe Nonet & Philip Selznick, Hukum Responsif, ed. Raisul Muttaqien, 2nd ed. (Bandung:
Nusamedia, 2008).
35
Ibid., p. 84.
36
Harry C. Bredemeier emphasizes more on the influence of law on economic factors. The connection
between law and economic subsystem is referred to by him as the law and adaptive process. Lihat Harry C.
Bredemeier, “The and Adaptive Process,” in Sociology of Law, ed. Vilhelm Aubert (Baltimore: Penguin Books,
1979).
37
A.Muktie Fadjar, Teori-Teori Hukum Kontemporer (Malang: Setara Press, 2013), p. 54.
38
Moh. Mahfud MD, Politik Hukum Di Indonesia (Jakarta: Rajawali Pers, 2011), p. 31.
39
Ibid., pp. 3‒4.
40
Ibid., p. 66.
41
Ali Murtadho Emzaed et.al., “A Politics of Recognition..,"Ibid.

Anomaly of Political-Configuration Relations to Zakat-Law Product During Reform Era 6

 The thesis that the political configuration determines the character of the resulting law,
whether it is responsive or repressive, can be questioned. And even anomalies in the relations
between political configuration and legal products can occur.
The thesis about political configuration was a determinant of the character of the
resulting law (responsive or repressive), may then be questioned. And there may even be an
anomaly in the relations between political configuration and legal products.
Kamus Besar Bahasa Indonesia defines “anomaly” as a deviation/abnormality from
the norm.42 The use of anomaly in this context is related to the political configuration of legal
products. The relation between a democratic political configuration producing responsive
legal products or an authoritarian political configuration producing conservative law is
considered normal. This article finds an anomaly, in which a democratic political
configuration produces conservative legal products,43 specifically zakat law. However,
proposals for changes to Draft of Zakat Management Law [henceforth (RUUPZ)] have always
come from the Muslim civil society base through channels in DPR. Meanwhile, the
discussion has taken a considerable amount of time, from 2003 to 2011.44
a. Political Configuration in the Discussion of new RUUPZ
1. Party System and Legislative Role
The discussion of RUUPZ changes went through two phases of leadership of the
Indonesian House of Representatives (DPR RI): the first phase was during the leadership of
the DPR RI in 2004-2009 period, and the second phase was during the leadership of the DPR
RI in 2009-2014 period. During this period, the RUUPZ initiated by House Commission VIII
of RI (or that refers to Commission VIII of House of Representative of Republic of
Indonesia)45 was designated as a priority RUU in 2009.46 The members of the DPR RI were
elected through a multi-party system, which is a part of democratic-implementation principles
in a competitive political environment.47

42
https://kbbi.web.id/anomali accessed 8 April 2023.
43
This statement is supported by Bambang Suherman, the Chairman of FOZ Center, Jakarta, on March
13, 2022. Although he did not explicitly state that the new UUPZ is not responsive, he believes that the new
UUPZ urgently needs to be revised.
44
Azyumardi Azra, “Filantropi Dalam Sejarah Islam Di Indonesia,” in Zakat Dan Peran Negara, ed.
Kuntarto Noor Aflah and Mohd Nasir Tajang (Jakarta: FOZ, 2006), pp. 15–30.
45
House Commission VIII is in charge of religion, social affairs, and disaster management. See DPR
RI, Komisi VIII DPR RI, accessed 29 Jan 2023, https://www.dpr.go.id/akd/index/id/Tentang-Komisi-VIII.
46
Wibisono, Mengelola Zakat Indonesia.., p. 107.
47
Romli, Pemilu Era Reformasi, p. 60.

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In 2009 election, there were 38 participating parties, but only 9 parties were able to
send their representatives to DPR RI as they passed the parliamentary threshold of 2.5% of
the vote.48
The multi-party system in the election is an indication of the democracy level in a
country.49 It is an instrument that cannot be separated from the political life of a modern
democratic country.50
2. Differences in Views within FOZ
Changes in RUUPZ dynamics on FOZ proposals that were accommodated in 2008 51
have occurred. The reason for this was that there were sharp differences within the FOZ itself,
particularly between the group with a revivalist-ideological background, such as: Erie Sudewo
and Didin Hafidhudin, and the group with a modernist ideology. The revivalist group
requested mandatory zakat norm to be included in the draft law, while the modernist group
did not.52
Fauzia mentioned that revivalist Islam had a political alliance with Islamist politics
through the Prosperous Justice Party (PKS).53 This group demanded to involve the state fully
for zakat management.
Differences of opinion within FOZ led to the formation of GEMAZ in 2010. It was
zakat activist group that did not need the mandatory norm for zakat payment to be included in
the RUUPZ. Finally, in July 2010, DPR tended to use the proposal put forward by GEMAZ 54
through the revision of the RUUPZ as development from House Commission VIII of RI draft
2004-2009 period.
The years of 2009-2010 were the beginning of heated discussions about RUUPZ
changes, particularly among civil society, as indicated by the final choice of House
Commission VIII of RI on the proposal to change the RUUPZ based on GEMAZ's
recommendation, which was submitted on June 15, 2010.55

48
Moch. Nurhasim, “Dilema Sistem Pemilihan Umum 2009,” Jurnal Penelitian Politik LIPI 6, no. 1
(2009): pp. 5–20.
49
Miriam Budiardjo, Dasar-Dasar Ilmu Politik (Jakarta: PT Gramedia Pustaka Utama, 2007), p. 135.
50
Lance Castles, Pemilu 2004 dalam Konteks Komparasi & Historis (Yogyakarta: Pustaka Pelajar,
2004), p. 1.
51
Aflah, Arsitektur Zakat Indonesia, p. 3.
52
Amelia Fauzia, Filantropi Islam: Sejarah Dan Kontestasi Masyarakat Sipil Dan Negara Di
Indonesia, Cet. I (Yogyakarta: Gading, 2016), p. 256.
53
Ibid., pp. 250-251.
54
Ibid., p. 262.
55
Ibid.,

Anomaly of Political-Configuration Relations to Zakat-Law Product During Reform Era 8

 There are three crucial points proposed by GEMAZ to adjust the RUUPZ proposal to
House Commission VIII of RI. 56 First, zakat management must separate the functions of
regulator, operator, coordinator, and supervisor. Second, sanctions should only be imposed on
zakat-collection organizations that violate regulations, not on individual muzaki. Third, there
must be a tax deduction for zakat payers and tax exemption for zakat organizations. The
proposal from GEMAZ was then used by House Commission VIII as a proposal for RUUPZ
changes in parliamentary session on August 31, 2010.57
It can be seen that GEMAZ's list of proposals has brought many changes to draft
proposal of RUUPZ from DPR, particularly regarding the extent of state involvement in zakat
management, which is limited to regulation and does not propose a mandatory zakat norm for
muzakis. Therefore, the draft proposal of RUUPZ from DPR has eliminated the mandatory
zakat norm for muzakis.
3. Political Configuration
There were at least 9 factions from the winning party of the 2009 elections involved in
the discussion of RUUPZ with a total of 26 members proposing changes to the old Zakat
Management Law. The nine faction members were: the Democratic Party faction with 4
members, the Golkar Party faction with 4 members, the PDIP faction with 5 members, the
PKS faction with 2 members, the PAN faction with 2 members, the PPP faction with 1
member, the PKB faction with 1 member, the Gerindra Party faction with 1 member, and the
Hanura faction with 1 member.58 They were members of House Commission VIII of RI, who
were responsible for Religious and Social Welfare Affairs.
Meanwhile, the government was represented by Ministry of Religious Affairs,
Ministry of Finance, Ministry of Social Affairs, and Ministry of Law and Human Rights. 59
Through Presidential appointment letter number R. 76/Pres/09/2010 dated September 29,
2010, they represented the government in discussion of RUUPZ with DPR RI.60
The active role of Islamic-civil society was welcomed enthusiastically by House
Commission VIII of RI. This enthusiasm was demonstrated through the submission of

56
Ibid.,
57
Wibisono, Mengelola Zakat Indonesia, p. 101.
58
Risalah Rapat Panja Komisi VIII DPR RI dengan Pemerintah on Wednesday, 19 Oct 2011.
59
Risalah Rapat Panitia Kerja (Panja) Proses Pembahasan Rancangan Undang-Undang tentang
Pengelolaan Zakat, Infak, dan Sedekah, Komisi VIII DPR RI, tanggal 25 Mei 2011, p. 4.
60
Letter of Appointment of the President to represent the discussion of RUUPZIS dated on 29 Sep
2010.

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initiative rights in RUUPZ legislation process on changes to Law Number 38 of 1999

concerning Zakat Management (old UUPZ) to the government. This fact is an indication of
democracy in conveying political aspirations.
b. The persistence of executive heavy character in government institutions is a cause of
an anomaly in the configuration of relation towards zakat-law product
The amendments to the 1945 Constitution have resulted in a paradigm shift in
relations between state institutions. For example a paradigm shift in the authority of
legislators from executive domination (executive heavy) during the New Order era to
legislative domination (legislative heavy). This formulation was reflected in Article 20
paragraph (1) of 1945 Constitution, after the amendment stating: “The house of people’s
representative holds the power to form laws.”61 Meanwhile, Article 5 paragraph (1) stated,
“The President has the right to propose a draft bill to house of people’s representative.”
However, the fact shows that the executive heavy character still exists in the discussion of
RUUPZ by DPR RI, which causes the UUPZ to be unresponsive.
The dominance of executive institution has shifted the discussion of the draft RUUPZ
towards the old UUPZ by imposing the RUUPZ draft based on government’s version. 62
Whereas, the DPR had already their own RUUPZ draft, which was initiated with FOZ. This
dominance has influenced the end of the working committee meeting until the plenary
meeting’s approval of the RUUPZ into the DPR’s UUPZ with the government on October
27th, 2011.63
The executive heavy character has resulted a conservative on zakat-law product, which
essentially represents the government’s demand. As a partner, the government should not use
its executive dominance. The persistence of this executive heavy character indicates that the
government still inherits the character of the New Order government. 64 In addition, in
practice, it is manifested into Issue Inventory List (DIM), which substantially contradicts
61
Article 20 paragraph (1) of the 1945 Constitution after the amendment
62
At least, there are two versions of the Draft Law on Zakat Management (RUUPZ) submitted to the
Indonesian House of Representatives (DPR RI): DPR RI version and the Government version.
63
Decision of the DPR RI Number: 21/Dpr Rl/112011-2012 regarding the Approval of the Indonesian
House of Representatives on the Draft Law of the Republic of Indonesia concerning Zakat Management on
October 27, 2011.
64
Azra’s opinion is that executive heavy still dominates the process of making laws during the Reform
era. Currently, the role of DPR is only limited to being a rubber stamp, whereas in the early Reform era, DPR
was very critical of this executive heavy behavior. See Hersubeno point, “PROF AZYUMARDI SOAL IKN:
SAYA INGATKAN PAK JOKOWI JANGAN SAMPAI MENYESAL,” YouTube, accessed 6 Feb 2022,
https://www.youtube.com/watch?v=WsdcJK2wRxQ.

Anomaly of Political-Configuration Relations to Zakat-Law Product During Reform Era 10

government’s RUUPZ draft. Also, it is practiced through meetings in the working committee
and other meetings until the end of RUUPZ discussion.65 The UUPZ that is passed entirely
adopted the government’s RUUPZ proposal, and the initial draft of the DPR proposal that
accommodates civil society’s aspirations is entirely lost. And that leads to UUPZ amendment
process with defects and unusual ratification.66
Thus, the executive heavy character conducted by the government becomes the cause
of relation of democratic-political configuration that do not produce responsive zakat laws.
Such relations is referred to as an anomaly of political-configuration relation to zakat-law
products in this study. Necessarily, a democratic-political configuration should produce
responsive-legal products.
The findings in this study differ from Moh. Mahfud’s findings stating that a
democratic-political configuration would produce responsive-legal products, while an
authoritarian-political configuration would produce conservative legal products.67 Mahfud’s
findings are not constantly empirically confirmed, as the case of the zakat-law enactment
through the new UUPZ possessing unresponsive legal character. Moreover, he stipulated that
the construction of responsive laws can only be carried out in a democratic political system
because responsive law never occurs in an authoritarian system.68
This study conversely strengthens Abdul Halim’s thesis. In principle, Halim found that
an authoritarian-political configuration does not necessarily produce conservative legal
products. While a democratic political configuration does not necessarily produce responsive
legal products.69 There are parallel findings in anomaly findings within relations between
political configuration and its legal products.
Halim attempted to build his argument starting from the cases of positivization of
Islamic law, both in public70 and private71 laws, which occurred during President Soeharto era.
At that time, the political configuration was known to be authoritarian. This configuration did

65
Fauzia, Filantropi Islam..,pp. 264-265.
66
Wibisono, Mengelola Zakat Indonesia.., pp. 106-107.
67
MD, Politik Hukum Di Indonesia..,p. 7.
68
Ibid, p. 380.
69
Abdul Halim, “Membangun Teori Politik Hukum Islam Di Indonesia,” AHKAM : Jurnal Ilmu Syariah
13, no. 2 (2013): pp. 259–70.
70
Public law is the law that regulates the legal relationship between the government and its civil society
in relation to the maintenance of public interests. See Riduan Syahrani, Rangkuman Intisari Hukum (Bandung:
PT Citra Aditya Bakti, 1999), p. 76.
71
Hukum privat adalah hukum yang mengatur tentang hubungan hukum antarwarga negara atau
antarperseorangan. See Ibid.,

11 Ali Murtadha Emzaed )

 Vol. 1 4 No. 1, June 202 0

not necessarily produce elitist-legal products. In fact, it could produce legal products with
responsive characteristics.
Halim took several examples of legal cases, such as Law No. 1 of 1974 concerning
Marriage, Law No. 7 of 1989 concerning Religious Courts, Law No. 7 of 1996 concerning
Food, and Law No. 3 of 1997 concerning Juvenile Courts. 72 Legal studies included the
Marriage Law in the field of private law, and another three laws included in the field of public
law. They all emerged from an authoritarian-political configuration, but produced responsive
legal products.
Furthermore, there were Law No. 17 of 1999 concerning Implementation of Hajj
Worship, Law No. 38 of 1999 concerning Management of Zakat, and Law No. 39 of 1999
concerning Human Rights that emerged at the beginning of Reformation era. 73 These three
laws were born from an authoritarian political configuration chosen through General Election
on May 29, 1997, which was followed by three political parties, PPP, PDI, and Golkar.
Golkar had won by garnering 74.51% of the vote, PPP obtained 22.43% of the vote, and PDI
had to be satisfied with 3.06% of the total vote of 112.991.150 people. 74 Nevertheless, the
legal products produced were considered as responsive legal products.75
Halim attempted to categorize all these laws. He categorized them as Islamic law.
These laws contained legal material and substance that were responsive to aspirations of civil
(Islamic) society. In other words, the laws could be supposed to be in accordance with Islamic
law or, at least, their substances did not ignore the spirit of values contained within it.
Although the results were born from an authoritarian political configuration during the
governments of Soeharto or Habibi. The political configuration was a legacy of 1997
election.76
Although this study had similarities in finding anomalies with Halim’s findings, but it
had different reasons. In this context, this study found the anomaly in the relation between
political configuration and legal product due to the continued dominance of the executive in
lawmaking.

72
Halim, “Membangun Teori Politik Hukum Islam Di Indonesia.”
73
Ibid.,
74
“Pemilihan Umum Legislatif Indonesia 1997,” Wikipedia, accessed 16 Sep 2021,
https://id.wikipedia.org/wiki/Pemilihan_umum_legislatif_Indonesia_1997.
75
Halim, “Membangun Teori Politik Hukum.”
76
The political configuration was considered authoritarian as a result of the 1997 election during
President Soeharto’s reign.

Anomaly of Political-Configuration Relations to Zakat-Law Product During Reform Era 12

 Meanwhile, Halim found the anomaly in the relation between political configuration
and Islamic legal products by providing three possible views. First, there was conformity
between responsive legal character and democratic configuration. Substantively, Islamic law
was in accordance with the teachings adhered to by Islamic civil society in Indonesia in
pluralistic legislation. Second, the responsive character of Islamic law was produced from an
authoritarian configuration. This relationship occurred in substantive law with responsive
character that had been in accordance with the minimum requirements of Islamic law or did
not violate Islamic law. Third, it produced an elitist legal character by actually opposing the
substance of Islamic law.77
The following figure can clarify the relations between democratic political
configuration resulting conservative legal products during Reform era in the enactment of
new UUPZ. The relationship occurred anomalously.
Figure 1. Anomaly of the Configuration Relations with Legal Products as Shown by
Law Number 23 of 2011 concerning Zakat Management (New UUPZ)
during the Reform Era.78

Spatial Justice for Participatory Zakat Law

The presence of a fair participation space for civil society’s role is essential in the
process of forming the Zakat Law. An anomaly in political-configuration relation towards
zakat-legal products occurred due to neglecting participation spaces that should have been
done, by both the government and DPR RI.

77
Halim, “Membangun Teori Politik Hukum.”
78
Adopted from Mahfud MD, Membangun Politik Hukum, p. 66.

13 Ali Murtadha Emzaed )

 Vol. 1 4 No. 1, June 202 0

For Henri Lefebvre, space is not merely something static but possesses dynamic
dimensions. Space can be produced,79 and its creation should consider social functions,
including civil Islamic society’s participation space in forming laws.
Meanwhile, for Edward W. Soja, participation space will provide spatial justice. 80 As a
development from spatial history,81 space in the socio-political context functions as the third
space. This space allows for the presence of an imaginative space that connects spatial
practices, by involving civil society represented by DPR and the government in the discussion
of the law. Soja pays serious attention to the role of stakeholders to bring about spatial
justice.82
There are three components in this third space. 83 First, spatial practice is the
interaction of people who meet each other in and around a space. Second, space representation
is a planned space designed by architects, bureaucrats, and investors, whose equipment is
complete with models, layouts, pictures, and all its manual instructions. Third,
representational space is a symbolic space that connects space representation with spatial
practice so that spatial practice can proceed well.84
Participation space in the formation of Zakat Law was actually given by DPR RI
through efforts of holding public hearings (RDPU) with FOZ. Although initially poorly
responded, DPR RI then responded well and even exceeded its expectations.85
The government, on the other hand, did not give spatial space for civil society
participation in the discussion of RUUPZ with DPR RI. And even DPR then turned and did
not defend the RUUPZ agreed with GEMAZ to fight for in the working committee meetings.
Spatial justice exists more due to the presence of inequality in a relation and
interaction.86 For Soja, spatial justice in making laws for civil society will not be obtained
without giving spatial-participation space in DPR institution. Spatial injustice can be
79
Henri Lefebvre, The Production of Space (Oxford: Balckwell, 1991).
80
Edward W. Soja, Seeking Spatial Justice (Minneapolis: University of Minnesota Press, 2010).
81
In spatial history, space is composed of geography and time. Geography consists of space, place, and
interaction. Meanwhile, interaction itself contains representations of regions, patterns, communication, and
behavior.
82
Eward W. Soja, “The City and Spatial Justice (La Ville et La Justice Spatiale),” Justice Spatiale
Spatial Justice 1 (2009): pp. 56–72.
83
Lefebvre, The Production of Space.
84
Break the Glass Production, “Politik Tata Ruang: Kaitan Sejarah Spasial dengan Eksistensi Ruang,”
YouTube, 22 Dec 2020, accessed 8 Dec 2021, https://www.youtube.com/watch?v=nSCDYo2VBt8.
85
Aflah, Arsitektur Zakat Indonesia, p. 9.
86
Victor Imanuel W Nalle, “Pendekatan Geografi Hukum Kritis dalam Kajian Hukum Tata Ruang
Indonesia: Sebuah Wacana Filsafat Hukum dan Interdisiplin,” JUSTITIA ET PAX : JURNAL HUKUM 37, no. 1
(2021): pp. 61–83.

Anomaly of Political-Configuration Relations to Zakat-Law Product During Reform Era 14

eliminated through fulfilling spatial justice spaces that bring together lawmaking elements in
their political actions.87
The presence of spatial justice will be part of responsive law to Islamic civil society
participation in bringing about substantive law. Spatial justice space is not apparent in new
RUUPZ discussion. Its cause is the executive-heavy character by the government. Through
power relations over knowledge production about centralization as the best way to optimize
national zakat management, it works.88 This relational bias is the cause of the spatial space
that cannot produce spatial justice. Although it should have been present, it appears absent
because of the political interests of the rulers.89
One way to avoid stuttering in facing the transition period of democracy is to establish
laws involving the participation of civil society.90 Responsive law has the nature of providing
services for society’s needs and interests.91
Reform demands a law that favors civil society. Favoritism towards civil society can
begin with planning, formation, or changes to old laws that are considered no longer proper
for society’s needs and must be replaced with new laws.
Thus, the provision of spatial justice for civil society is essential in the making of
legislation through participatory spaces to produce responsive laws with the aim of
substantive justice.92 Spatial justice, as a reflection of the pattern of legal positivism that
provides an aspirational and participatory spatial area, is essential in the formation of zakat
laws during the Reform era.
Concluding
The relations between law and society will result in trichotomy of law, namely:
repressive law, autonomous law, and responsive law. Although the political configuration
factor is not always in line with its legal product, it will still be correlated. Anomaly in
relations between political configuration and legal products may occur. This is more due to
factors that cause bias in the relationship.

87
Soja, Seeking Spatial Justice.
88
Risalah Rapat Panja DPR RI with Pemerintah Masa Sidang I on Thrusday, 22 Sep 2011.
89
Soja, Seeking Spatial Justice.
90
Sarifuddin Sudding, Perselingkuhan Hukum dan Politik dalam Negara Demokrasi (Yogyakarta:
Rangkang Education-Republik Institute, 2014), pp. 48-49.
91
Ibid.., p. 84.
92
Satjipto Rahardjo, Ilmu Hukum: Pencarian Pembebasan Dan Pencerahan, ed. Khuzaifah Dimyati
(Surakarta: Muhammadiyah University Press, 2004), p. 18.

15 Ali Murtadha Emzaed )

 Vol. 1 4 No. 1, June 202 0

This study has found that, firstly, anomaly in relationship between political
configuration and zakat law occurred because of the dominant character of executive in the
making of zakat law in DPR. Although there has been a shift in the domain of lawmaking
from executive to legislative. Secondly, to produce responsive laws, it is necessary to provide
spatial justice through the participation of Islamic civil society in the making of zakat law.

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