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THE RESPONSIBILITY OF SOCIAL WELFARE INSTITUTIONS IN

THE IMPLEMENTATION OF COLLECTING MONEY OR GOODS

IN THE DIGITAL ERA

Yadhy Cahyady

, Evita Isretno Israhadi

Universitas Borobudur, Indonesia

Email : cahyavi@gmail.com

, evita_isretno@borobudur.ac.id

Abstract

The implementation of the collection of money or goods is carried out by the community through legal entity

social organizations, consisting of associations or foundations. The organization of the collection of money or

goods must be obtained a permit from the minister who organizes government affairs in the social sector,

governor, or regent/mayor in accordance with their authorities, with the requirements, including that they must

attach a registration document of a social welfare institution. In this digital era, the implementation of money or

goods collection is mostly performed through digital applications, electronic money services, and social media.

In order to organize the collection of money or goods, the licensed organizer is obliged to provide a report along

with the progress report. Furthermore, the monitoring process is carried out by the government's internal

supervisory officers, the curbing task force, and the community. The normative juridical method is used in this

research, with a statutory approach based on secondary data obtained through document studies. Then, it would

be analyzed using deductive logic. The legal issues in this research are: First, how is the responsibility of social

welfare institutions in organizing the collection of money or goods in the digital era. Second, why is it necessary

to supervise the implementation of money or goods collection carried out by social welfare institutions in the

digital era. From this research, the writer expects to obtain a formulation of norms that can provide legal

knowledge about the responsibility of social welfare institutions in organizing the collection of money or goods

in the digital era.

Keywords

The responsibility of social welfare institutions, Collection of money or goods, Digital era.

INTRODUCTION

The attempt to collect donations, which are the collection of money or goods for

development purposes in social welfare, is one of the social welfare activities organized by,

from, and for the community based on the spirit of mutual cooperation (Munauwir, 2017). It

aims to realize and improve the level of social welfare, both in individual life and in

community life (Amalia & Syawie, 2015).

Collection of Money or Goods (Pengumpulan Uang atau Barang/PUB) is any attempt to

obtain money or goods for development of social, mental/religious/spiritual, physical and

cultural welfare. PUB is carried out with the principles of order, transparency, and

accountability, which is carried out voluntarily, without threats and violence, and/or in ways

that can threaten the community. Currently, the implementation of PUB is mostly carried out

by Social Welfare Institutions (Lembaga Kesejahteraan Sosial/LKS). LKS is a social

organization or social association that carries out the implementation of social welfare formed

by the community, both legal entities and non-legal entities (Sitepu, 2011).

The implementation of PUB must obtain permission from the minister who administers

government affairs in the social sector, governor, or regent/mayor in accordance with the

authority, provided that, among other things, the LKS registration certificate must be

attached. To be able to carry out PUB, a permit must be obtained. This is intended as a

preventive measure, so that public security, order, and safety are not disturbed from the

actions of irresponsible people.

Injuruty : Interdiciplinary Journal and Humanity

Volume 2, Number 2, February 2023

e-ISSN: 2963-4113 and p-ISSN: 2963-3397

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In fact, there is a lot of PUB activities to be held by individuals and also non-legal

entities, which do not have a PUB permit. This is contrary to the applicable regulations as

stipulated in the Regulation of the Minister of Social Affairs Number 8 of 2021 concerning

the Implementation of the Collection of Money or Goods, which stipulates that the

implementation of PUB is carried out by the community through community organizations

that are legal entities, consisting of associations, or foundations. In addition, there are also

institutions that already have a PUB permit, but use money or goods collected from the

community for operational activities of the institution that exceed the applicable provisions.

In this case, Government Regulation No. 29 of 1980 concerning the Implementation of

Contribution Collection has stipulated that the financing of donation collection is a maximum

of 10% (ten percent) of the results of the collection of the relevant donations.

METHOD RESEARCH

A. LKS accountability in the implementation of PUB in the digital era

Social institutions basically cannot be separated from government institutions, social

institutions, family institutions, and individual institutions. Social institutions are an

accumulation of various individual elements, and these individuals come from various

families. If we look at social institutions in their development, they consist of various groups,

while there are social groups that are regular and some are irregular (Ginting, n.d.). These

social institutions include the form of LKS.

LKS is part of a non-profit (Nirlaba) organization. The meaning of Nir is empty or nil.

Non-profit can be interpreted as zero profit (Sidang, 2020). Selfless who do not expect

anything and do something without expecting excessive material and rewards. Nir, which does

not expect material things, has a source of funds from donors. Most donors know that the

funds they provide are for the community and are intended for the benefit of those who in

need.

The implementation of PUB or also known as fundraising for institutions such as LKS is

like blood that play an importan role for the body to sustain life. Fundraising will maintain the

sustainability of an institution in order to survive and grow (Apriliani et al., 2021). Fundraising

becomes very important for institutions, such as LKS, because it is not only a process of

seeking funds, but also there is a spirit of transfer of ideas and kindness. In fact, the

fundraising process is to mobilize goodness to the public so that they understand about it and

then join together to ‘mobilize’ the goodness. The times have also influenced the way people

make donations. In this digital era, the collection of money or goods is mostly done through

digital applications, electronic money services, and social media. The key word in this digital

era is convenience. With everyone holding a device, information about programs and

campaigns carried out by LKS must reach it. Without moving and a long process, people can

make donations anywhere and anytime.

The challenge for PUB organizing organizations such as LKS at this time is not only to

be strong from the sustainable program it has, but also to be strong to raise funds. A

sustainable program needs to be supported by a strong fundraising. The most important elemet

is how a PUB organizer is able to prepare its fundraising strategy to answer the current and

future needs of the community (Panuju, 2019). Presenting fundraising innovations through

digital channels does not mean eliminating offline fundraising methods. This is because the

presence of offline services is still an inseparable part of fundraising activities for a PUB

organizer. The entry of a new round of people's habits today into various social media

platforms is also a factor that cannot be separated from the changing patterns of concerns for

others. Humanitarian social projects that are offered through digital platforms will certainly

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not be able to give results if they are not distributed massively to the community.

The results of PUB or fundraising organized by LKS can be in the form of money or goods.

PUB in the form of money are distributed with provisions for physical development and/or

rehabilitation must have been distributed no later than 1 (one) year after the collection period

ends, and for handling other than physical development and/or rehabilitation, it must be

distributed no later than 3 (three) months after the collection period ends.

Meanwhile, the PUB in the form of goods with the provision that consumables are

distributed no later than 1 (one) month after the collection period ends, and for non-

consumables, they are distributed no later than 3 (three) months after the collection period

ends. The implementation of PUB generally come from four sources, namely: individuals,

companies, government institutions, and business revenues. Some PUB organizers do not

focus on raising funds from one source. However, from the four sources, most of the donors

come from individuals. Meanwhile, not all of the funding sources that will be provided by the

government have been implemented. This is due to the unharmonious relationship between

PUB organizers and the government, a negative image, and the lack of information about

programs developed by the government.

For LKS organizing PUB that is already licensed, as a form of accountability, it is

obliged to carry out the implementation of PUB in accordance with the provisions contained in

the PUB permit decision letter and the provisions of the legislation, and provide a report on the

implementation of PUB accompanied by evidence of accountability.

The report prepared by the licensed PUB organizing LKS contains details and the amount of

the collection results, details of the distribution of assistance, a statement of absolute

responsibility, documents on audit results of public accountants for collections above IDR

500,000,000.00 (five hundred million rupiahs), and documentation distribution

implementation. The report is submitted to the licensor no later than 30 (thirty) days after the

completion of the distribution of the PUB program.

Currently, LKS as PUB organizers can no longer underestimate the issue of openness and

accountability for funds received from the public. Even though the donors submitted their

funds sincerely, the accountability process for these funds must be fulfilled by the PUB

organizing institution that manages the funds. As an organization entrusted with the mandate

by the community, the PUB organizing institution in managing the organization must not

deviate from the mandate that has been given. Organizational management must be in

accordance with the mandate, and must be accountable or proven to the public. PUB

organizers that are not able to account for the mandate of the community do not deserve to be

trusted.

B. Supervision of the implementation of PUB by LKS in the digital era

Application for PUB permit submitted to the minister who administers government

affairs in the social sector, provided that the PUB is held in more than one province, 1 (one)

province but the applicant is domiciled in another province, and is intended for overseas

assistance. Meanwhile, the application for a PUB permit is submitted to the governor with the

stipulation that the implementation of PUB is carried out in more than 1 (one) regency/city in

1 (one) province. The PUB permit application is submitted to the regent/mayor, provided that

the implementation of PUB is carried out in 1 (one) regency/city area. PUB permit is given in

the form of a decree and for a maximum period of 3 (three) months, and can be extended 1

(one) time for a maximum period of 1 (one) month (Ardiasti, 2019).

The implementation of PUB that does not require a permit consists of:

1. Zakat.

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2. Collection in places of worship.

3. An emergency in a confined environment.

4. Mutual cooperation in a limited environment in schools, offices, community units or

neighbours, sub-districts or villages or other.

5. In spontaneous limited meetings.

The minister who carries out government affairs in the social sector, governors, and

regents/mayors conducts guidance, supervision, monitoring, and evaluation. Coaching is

carried out to organizers who have obtained PUB permits. Such guidance is carried out to

ensure that the application for a PUB permit is in accordance with the provisions of the

legislation.

In terms of supervision, monitoring and evaluation, it is carried out periodically at least 2

(two) times a year (Diamantina, 2010). The supervision is carried out by the government's

internal control apparatus and the enforcement task force (Rizkie, 2017). Supervision carried

out by the government's internal control apparatus is carried out in accordance with the

provisions of the legislation. The task force for control is determined by the Director General

in charge of implementing PUB. In addition, the public can supervise the implementation of

PUB in accordance with the provisions of the legislation. The monitoring is carried out to find

out irregularities, fraud, violations, obstacles, and developments in the implementation of

PUB. Meanwhile, the evaluation is carried out to ensure that the implementation of PUB is in

accordance with the laws and regulations (Agustyati & Junaidi, 2015).

If there is a violation, then the PUB organizers who have a permit or those who do not

have a permit can be given sanctions, in the form of administrative and/or criminal sanctions.

Administrative sanctions for PUB organizers who have PUB permits are in the form of written

warnings, suspension of permits, and/or revocation of permits. Meanwhile, administrative

sanctions for PUB organizers who do not have a PUB permit are in the form of a written

warning and/or announced publicly in the mass media (Romli, 2017). The criminal sanctions

for PUB organizers for those who have PUB permits and those who do not have PUB permits

are carried out in accordance with the provisions of laws and regulations. In this case, referring

to Law Number 9 of 1961 concerning Collection of Money or Goods, which stipulates that the

punishment is a maximum imprisonment of 3 (three) months or a maximum fine of Rp. 10,000

(ten thousand rupiah), whoever:

1. Organize, recommend, or help organize the collection of money or goods without

obtaining prior permission.

2. Does not meet the requirements and orders stated in the decision to grant the permit

(Setiadi, 2020).

3. Has not made adjustments to the implementation of PUB which was being held before the

enactment of Law 9/1961, at the latest within a period of six months.

Regarding the maximum fine of IDR 10,000, - (ten thousand rupiah), then based on the

Supreme Court Regulation Number 2 of 2012, it is multiplied to 1,000 (one thousand) times.

Thus, the amount of the fine becomes Rp. 10,000,000, - (ten million rupiah). Money or goods

obtained as a result of the crime are confiscated and used wherever possible to finance similar

welfare efforts (Rasidi, 2022).

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CONCLUSION

The responsibility of LKS in the implementation of PUB in the digital era is carried out

by the implementation of PUB in accordance with the provisions contained in the PUB

permit decree and the provisions of laws and regulations. In addition, LKS provides a report

on the implementation of PUB accompanied by evidence of accountability. The report is

submitted to the licensor no later than 30 (thirty) days after the completion of the distribution

of the PUB program.

The minister who carries out government affairs in the social sector, governors, and

regents/mayors conducts guidance, supervision, monitoring, and evaluation. In terms of

supervision, it is carried out periodically at least 2 (two) times a year (Indonesia, 2014). The

supervision is carried out by the government's internal control apparatus and the enforcement

task force. Supervision carried out by the government's internal control apparatus is in

accordance with the provisions of the legislation. The task force for control is determined by

the Director General in charge of implementing PUB. In addition, the public can supervise

the implementation of PUB in accordance with the provisions of the legislation (Sari et al.,

2016).

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Yadhy Cahyady, Evita Isretno Israhadi

(2023)

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