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Jokowi Can Be Caught In Case Of Corruption If Misuse Of Hajj Fund

Controversy related to the certainty of the management of haj funds for infrastructure may or may not now be answered already with the inauguration of 14 members of the Management Board. Because initially this fund will be managed but constrained by not yet the establishment of BPKH as mandate of law.

However, protest voices related to the use of Haj funds are still emerging, even supposedly the Indonesian Ulema Council (MUI) has issued its legal fatwa for the use of haj funds for infrastructure development because it is not appropriate allocation.

If it is true that the MUI has issued a fatwa, then this is a strong warning for President Joko Widodo to be careful in using the funds of the Ummah. At least Jokowi must provide a logical and fundamental reason legally to the community, especially Muslims related to the policy of the use of the pilgrimage funds.

Because the pilgrim fund or endowment of the Ummah is large enough.
The clarity of the use of pilgrimage funds is very important to put forward in relation to several matters;

1. That this fund is Islamic Ummah's fund and its allotment must be related to the interests of the ummah of Islam; The question is what infrastructure will be built what infrastructure? It should be clear whether the infrastructure built is linked to Islamic school buildings, mosques or anything else?

2. Second is the status related to the use of such funds whether the nature of the loan or the other? If the loan must be converted into APBN or APBNP, to be clear, then what is the return model?

Whereas, Article 46 paragraph (3) of Law no. 13 of 2008 on the Implementation of Hajj. "In placement and / or investment must be in accordance with the principles of sharia."

Therefore, the use of haj funds by the President is required to promote "the right to receive" and the purpose of using the funds. The juridical consequences of a policy that is not based on a clear, legislative purpose will result in arbitrary acts and abuse of authority.

It is understood that this pilgrimage fund is a fund that is categorized as a non bageter fund. UU no. 1 of 2004 on the state treasury expressly prohibits all officials and state apparatuses managing unspent funds in non-budgetary (APBN) documents. All budgets (revenues, expenditures, revenues, and financing) should be recorded in the state budget so that it can be accounted for.

Acts of arbitrariness can occur if the government does not have enough rationality as a parameter, for example: the need for the use of the pilgrimage fund. On the other hand, this action may result in abuse of authority based on the parameter of the purpose of granting the authority to be abused. However, if the reason is rational, then this can be allowed.

Obey Some Principles

The culture of "congregational corruption" consciously or unconsciously has become a routine practice in government agencies. The purpose of the use of Haj funds including off-budget fund categories for the good / legal and the bad / illegal in principle still violate the existing provisions. But in practice it is very difficult to avoid.

Basically, the use of pilgrim fund which is a public fund must be based on several principles of public budget, among others:

First, the legislative authorization. The use of pilgrim funds must obtain authorization (authorization) from the legislature first before the executive can spend the budget.

Second, the principle of non discretionary appropriation. That the President can not necessarily be free to determine what the distribution of the allocation of funds has been authorized to him. The amounts that will eventually be approved by the legislative assembly should be emphasized in order to be utilized economically, effectively and efficiently.

Third, the principle of clarity. Haj funds should be clearly detailed but simple, understandable to the people, especially Muslims, and not confusing. No permissible financing for development or infrastructure is unclear.

Fourth, publicly known. The use of Haj funds should be informed to the Muslim community at large. Based on the Public Information Disclosure Act.

Therefore, President Jokowi must be careful in using haj funds that are non bageter, because many cases of use of non bageter funds that have buried officials to the table because of corruption involved because the use of funds is not appropriate. Call it a case of non bageter funds Bulog and Brunei aid funds that led to the fall of President Abdurahman Wahid.

Therefore, the President should be stopped for discourse related to the plan of the use of Haj funds for infrastructure development.

By: DR. Ismail Rumadan
The author is the Dean of Faculty of Law Unas, Jakarta and Secretary General of MASIKA-ICMI

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