zakat laws keystrokes orphans

LAW OF THE REPUBLIC OF INDONESIA
NUMBER 38 YEAR 1999
ABOUT
MANAGEMENT ZAKAT
With the grace of GOD ALMIGHTY
PRESIDENT REPUBLIC OF INDONESIA

Weigh

that guarantee the independence of the Republic of Indonesia every citizen to worship according to their own religion;
give charity is an obligation that Indonesian Muslims who are able and collecting zakat is a potential source of funding for efforts to achieve people's welfare;
that zakat is a religious institution to achieve social justice for all Indonesian people to pay attention to the poor;
that the improvement of management system of zakat to be continuously improved so that more effective implementation of Zakat and versatile and can be accounted for;
that based on these things at point a, b, c, and d, is necessary to establish the Law on Management of Zakah;

Remember

Article 5 paragraph (1), Article 20 paragraph (1), Article 29 and Article 34 of the Constitution of 1945;
Decree of the People's Consultative Assembly Number X/MPR/1998 on the Principles of Reform and Development in order to rescue Normalization of National Life as the State Policy;
Law Number 7 Year 1989 regarding Religious Courts (State Gazette of the Republic of Indonesia Year 1989 Number 49, Additional State Gazette Number 3400);
Law Number 22 Year 1999 regarding Regional Government (State Gazette of the Republic of Indonesia Year 1999 Number 60, Additional State Gazette Number 3839);

With Approval
HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA HAS DECIDED:

Decide

LAW ON MANAGEMENT ZAKAT

CHAPTER 1
GENERAL PROVISIONS

Article 1

In this Act referred to as:

Zakat is the management activities of planning, organizing, implementing, and monitoring of collection and distribution, and utilization of zakat.
Zakat is a treasure that must be set aside by a Muslim or an entity owned by Muslims in accordance with the provisions of the religion to be given to who is entitled to receive it.
Muzakki is a person or an entity owned by a Muslim who is obliged to give charity.
Mustahiq a person or body entitled to receive zakat.
Religion is the religion of Islam.
Minister is the minister whose scope of duties and responsibilities include the area of religion.

Article 2

Every Indonesian citizen who is Muslim and is able or entities owned by a Muslim is obliged to give charity.

Article 3

Government is obliged to provide protection, guidance and services to muzzaki, mustahiq, and Zakat.

CHAPTER II
PRINCIPLES AND OBJECTIVES

Article 4

Zakat management berasaskan faith and piety, openness, and rule of law in accordance with Pancasila and the Constitution of 1945.

Article 5

Zakat management aims:

improve services for the community in regular charity in accordance with the religious guidance;
improve the function and role of religious institutions in an effort to realize the community welfare and social justice;
improve effectiveness and efficiency of zakat.

CHAPTER III
MANAGEMENT ORGANIZATION ZAKAT

Article 6

Zakat management conducted by the Amil Zakat body established by the government.
Establishment of Zakat body:
1. nationally by the President upon recommendation of the Minister;
2. provincial areas by the governor upon the recommendation of the head office of the provincial department of religion;
3. local district or city area by the regent or mayor upon the recommendation of the head office of the district or city department of religion;
4. district by district upon the recommendation of the head office of religious affairs kecematan.
Zakat Agency at all levels have a working relationship that is coordinative, consultative, and informative.
Management of Zakat body consists of elements of society and government who meet certain requirements
Organization of Zakat body composed of elements from consideration, regulatory elements, and the executive element.

Article 7

Institution of Zakat affirmed, nurtured and protected by the government.
Zakat institution referred to in paragraph (1) shall meet the requirements set out further by the Minister.

Article 8

Zakat Board referred to in Article 6 and Institution of Zakat as referred to in Article 7 has a fundamental duty to collect, distribute, and utilize Zakat in accordance with the provisions of the religion.

Article 9

In performing their duties, agencies and institutions of Zakat Zakat is responsible to the government according to its level.

Article 10

Further provisions on the organizational structure and administration of Zakat body established by ministerial decree.

CHAPTER IV
ZAKAT COLLECTION

Article 11

Consists of zakat mal and zakat tithe.
The property subject to zakat are:
1. gold, silver, and money;
2. trade and enterprise;
3. agricultural, plantation and fishery products;
4. mining;
5. dairy;
6. and services revenue;
7. rikaz
Calculating zakat mal according nishab, grade, and time was determined based on religious law.

Article 12

Conducted by the agency collecting Zakat Zakat by way of receiving or taking notice muzzaki muzzaki basis.
Zakat Agency may cooperate with the bank in collecting zakat muzzaki property located in the bank at the request muzzaki.

Article 13

Zakat Board may accept property other than zakah, such as infaq, shadaqah, grants, wills, inheritance, and expiation.

Article 14

Muzzaki doing his own calculations based on the property and liability zakatnya religious law.
In the case could not calculate their own wealth and zakatnya obligations referred to in paragraph (1) muzzaki can request assistance to the entity or entities of Zakat Zakat provides assistance to muzzaki to count them.
Zakat has been paid to the agency ata institution of Zakat Zakat deducted from income / taxable income from the rest of the taxpayers concerned in accordance with laws and regulations.

Article 15

Scope of authority by the agency collecting Zakat charity established by ministerial decree.

CHAPTER V
Utilization ZAKAT

Article 16

Results of collecting alms for mustahiq utilized in accordance with the provisions of the religion.
Utilization of the results of collecting Zakat based on the priority scale mustahiq needs and can be used for productive business.
Requirements and procedures for utilization of zakat collection results referred to in paragraph (2) regulated by a ministerial decree.

Article 17

Infaq proceeds, shadaqa, grants, wills, inheritance, and expiation as referred to in Article 13 be utilized primarily for productive business.

CHAPTER VI
SUPERVISION

Article 18

Supervise the implementation of Zakat agency task performed by elements of supervisors as defined in Article 6 paragraph (5).
Regulatory element of leadership is directly elected by the membership.
Regulatory elements located in all levels of Zakat body.
In conducting financial audits of Zakat agency, regulatory elements can emminta help public accountant.

Article 19

Zakat Agency provide an annual report performance of its duties to the Board of Representatives of Indonesia or to the Regional Representatives Council in accordance with its level.

Article 20

Communities can participate in the supervision agency and institution of Zakat Zakat.

CHAPTER VII
SANCTIONS

Article 21

Every manager charity that his negligence was not recorded or recorded incorrectly Zakat, infaq, shadaqah, grants, wills, inheritance, and the expiation sabagimana meant in Article 8, Article 12 and Article 13 of this law is punishable by as long kurunngan ever three months and / or a fine of as much-banyanya Rp.30.000.000, - (thirty million rupiahs).
The offenses referred to in paragraph (a) above is a violation.
Every officer and the officer body of Zakat Zakat institution who committed the crime of crimes subject to sanctions in accordance with laws and regulations that apply.

CHAPTER VIII
OTHER PROVISIONS

Article 22

In the event that was or lived muzzaki abroad, collecting zakatnya conducted by units collecting zakat on Repulik representative of Indonesia, which was subsequently forwarded to the National Zakat body.

Article 23

To support the implementation of Zakat agency task as intended in Article 8, the government agency shall assist the operational costs of Zakat.

CHAPTER IX
TRANSITIONAL PROVISIONS

Article 24

All laws and regulations governing the management of zakat still remain valid as long as not contrary to and / or has not been replaced by new regulations under this Act.
No later than two tahn since the enactment of this law, every charity organization existing managers are required to adjust according to the provisions of this Act.

CHAPTER X
CLOSING

Article 25

This Law shall come into force on the date of promulgation cognizance, ordered Invitor this Act with the State Gazette of the Republic of Indonesia.

Ratified in Jakarta
on 23 September 1999

PRESIDENT OF THE REPUBLIC OF INDONESIA
sgn
Bacharuddin Jusuf Habibie

Promulgated in Jakarta
on 23 September 1999

MINISTER OF STATE SECRETARY OF STATE
REPUBLIC OF INDONESIA
sgn
Muladi

STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 1999 NUMBER 164

Accordance with the original copy of
SECRETARIAT CABINET of RI
Regulation bureau chief
Legislation II
Plt.
Edy Sudibyo

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