Salah Kaprah dalam Melihat Pengelolaan Dana Haji

Umi Farida, Pengurus Departemen Pemberantasan Terorisme DPP-PD (dokpri)

Oleh: Umi Farida*)

Ramainya perdebatan penggunaan dana haji untuk tujuan investasi bersumber dari diaturnya kewenangan Badan Pengelola Keuangan Haji (BPKH) untuk menginvestasikan dana haji dan melakukan kerja sama dengan lembaga lain (Pasal 24 UU 34/2014).

Menyikapi permasalahan itu, saya mengajak Anda semua melihat kembali, sebenarnya di mana letak salah kaprah pemerintah dalam menafsirkan UU 34/2014:

Pertama, UU 34/2014 di pasal 2 mengatur prinsip-prinsip pengelolaan dana haji, diantaranya: prinsip syariah, kehati-hatian, manfaat, nirlaba, transparan dan akuntabel

CATATAN: apakah penggunaan dana haji untuk proyek infrastruktur bersifat nirlaba? Apakah menggunakan prinsip syariah? Apakah dilakukan secara transparan?

Kedua, UU 34/2014 pada pasal 3 mengatur tentang pengelolaan dana haji untuk tujuan meningkatkan  kualitas penyelenggaraan ibadah haji dan kemanfaatan bagi umat

CATATAN; apakah menempatkan dana haji untuk infrastruktur tujuannya benar untuk peningkatan kualitas penyelenggaraan ibadah haji?

Ketiga, UU 34/2014 pada Pasal 11 menerangkan besaran pengeluaran untuk penyelenggaraan ibadah haji yang ditetapkan pemerintah setelah mendapat persetujuan DPR

CATATAN: apakah keputusan menginvestasikan dana haji pada infrastruktur sudah mendapatkan persetuan DPR?  Jika berdasar pada pasal ini, semua pengelolaan dana haji harus melalui persetujuan DPR

Keempat, UU 34/2014 pada Pasal 20 menjelaskan pengelolaan keuangan haji dilakukan BPKH dan BPKH bertanggungjawab kepada presiden melalui menteri. Dilakukan secara kooperatif dan nirlaba

CATATAN: Apakah menginvestasikan dana haji ke proyek infrastruktur bersifat NIRLABA?

Kelima, UU 34/2014 pada Pasal 24 mengatur bahwa BPKH dapat menempatkan dan menginvestasikan keuangan haji dengan prinsip syariah, kehati-hatian, keamanan, dan nilai manfaat dengan cara melakukan kerja sama dengan lembaga lain dalam rangka pengelolaan keuangan haji

CATATAN: pasal ini yang digunakan sebagai pijakan pemerintah menginvestasikan dana haji pada proyek infrastruktur. Tapi apakah pemerintah membaca norma lain yang berfungsi mengunci kewenangan pasal ini?

Keenam, UU 34/2014 pada Pasal 45 mengatur tata cara pengelolaan keuangan haji yaitu BPKH menyusun rencana strategis untuk jangka waktu 5 tahun dan harus mendapatkan persetujuan DPR

CATATAN: apakah pemerintah telah bersikap otoritatif, semau gue menggunakan dan menginvestasikan dana haji untuk infrastruktur dan mengabaikan DPR dengan tanpa meminta persetujuan DPR? Jika benar tidak melalui persetujuan DPR maka ini adalah pelecehan terhadap fungsi dan kewenangan lembaga negara yang merupakan perwakilan rakyat seluruh indonesia (DPR) dan pemerintah telah melanggar perintah UU 34/2014

Pemerintah harus ingat bahwa prinsip BPKH adalah NIRLABA dan harus dilakukan dengan prinsip syariah. Alasan nirlaba di sini dapat ditafsirkan bahwa tujuan menaruh uang adalah untuk ibadah, untuk kemaslahatan dan perbaikan pelayanan haji bukan untuk bisnis dan bukan untuk mengambil keuntungan. Apakah benar tujuan pemerintah menginvestasikan dana haji untuk tujuan ini?

bagaimana proses UU itu dibuat? Dan bagaimana konten/substansi normanya?

UU Nomor 34/2014 adalah produk negara Indonesia yang dibuat dan ditetapkan secara demokratis lewat pembahasan DPR, disetujui oleh Sidang Paripurna DPR yang pada waktu itu disetujui oleh seluruh fraksi di DPR. Pasca-ketuk palu UU 34/2014  ditandatangani oleh Presiden RI, yang waktu itu dijabat oleh Pak SBY

tidak ada yang salah dengan proses lahirnya UU 34/2014. Pun berkaitan dengan substansi normanya. Namun yang bersalah adalah implementator UU karena menafsirkan kewenangan yang diberikan UU dengan setengah setengah.

*)Pengurus Departemen Pemberantasan Terorisme DPP Partai Demokrat

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