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LAW OF THE REPUBLIC OF INDONESIA
NUMBER 38 OF 1999
ABOUT
MANAGEMENT ZAKAT
BY THE GRACE OF GOD ALMIGHTY
PRESIDENT OF THE REPUBLIC OF INDONESIA

Weigh

that the Republic of Indonesia to ensure the independence of each resident to worship according to their respective religions;
that give charity is an obligation of Muslims in Indonesia are capable of and the collection of zakat is a potential source of funds for the realization of people's welfare;
that zakat is a religious institution to achieve social justice for all Indonesian people to pay attention to the poor;
that efforts to improve the management system of zakat should be increased so that the implementation of the charity more effective and efficient and accountable;
that based on the things mentioned in item a, b, c, and d, have formed the Law on Management of Zakat;

Remember

Article 5 paragraph (1), Article 20 paragraph (1), Article 29 and Article 34 of the Constitution of 1945;
People's Consultative Assembly Decree No. X/MPR/1998 on the Principles of Reform and Development in order to rescue Normalizing National Life as a State Policy;
Act No. 7 of 1989 on the religious court (Republic of Indonesia Year 1989 Number 49, Supplement Number 3400);
Law Number 22 Year 1999 regarding Regional Government (State Gazette of the Republic of Indonesia Year 1999 Number 60, Supplement Number 3839);

With the approval of
HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA DECIDES:

Decide

LAW ON THE 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 those who deserve it.
Muzakki is a person or entity that is owned by a Muslim is obliged to give charity.
Mustahiq person or entity who is entitled to receive zakat.
Religion is the religion of Islam.
Minister is the minister whose scope of duties and responsibilities include the areas of religion.

Article 2

All Indonesian citizens who are Muslims and are able to or owned by a Muslim is obliged to give charity.

Article 3

Government shall provide protection, guidance and services to muzzaki, mustahiq, and amil 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 to the community in regular charity according to his religious beliefs;
improve the function and role of religious institutions in an effort to achieve social welfare and social justice;
improve the efficiency and usability of zakat.

CHAPTER III
MANAGEMENT ORGANIZATION ZAKAT

Article 6

Management undertaken by amil zakat charity set up by the government.
Amil zakat body formation:
1. nationally by the President upon the recommendation of the Minister;
2. by the provincial governor upon the recommendation of the head office of the provincial department of religion;
3. district or county or city by the regents upon the recommendation of the mayor's office head of the religion department of the district or city;
4. subdistrict by subdistrict upon the recommendation of the head office of religious affairs kecematan.
Amil zakat agencies at all levels have a working relationship that is coordinated, consultative and informative.
Amil zakat Governing body member of the community and governments that meet certain requirements
Amil zakat agency organization consists of elements of consideration, regulatory elements, and elements of implementing.

Article 7

Amil zakat institutions consolidated, nurtured and protected by the government.
Amil zakat institutions referred to in paragraph (1) shall meet the requirements stipulated by the Minister.

Article 8

Amil zakat bodies referred to in Article 6 and amil zakat institutions referred to in Article 7 has the principal task of collecting, distributing, and utilizing Zakat in accordance with the provisions of the religion.

Article 9

In performing their duties, agencies and institutions amil amil zakat zakat is responsible to the government according to their level.

Article 10

Further provisions on the organization and functioning of bodies established by the decision amil zakat minister.

CHAPTER IV
COLLECTION ZAKAT

Article 11

Zakat consists of zakat mal and zakat fitrah.
Property subject to zakat is:
1. gold, silver, and money;
2. trade and enterprise;
3. of agricultural, plantation and fishery products;
4. mining;
5. livestock;
6. the income and services;
7. rikaz
Calculation of zakat mal according nishab, levels, and time was set based on religious law.

Article 12

Conducted by the agency collecting zakat amil zakat by receiving or taking notice of muzzaki muzzaki basis.
Amil zakat agencies can work together with the bank in collecting zakat muzzaki property located in the bank at the request of muzzaki.

Article 13

Amil zakat body can receive property other than zakah, such infaq, Sadaqah, grants, wills, inheritance, and expiation.

Article 14

Muzzaki own property and calculating the zakat obligations under religious law.
In the event could not own property and calculate the zakat obligation referred to in paragraph (1) muzzaki may request assistance to agencies or bodies amil amil zakat charity to provide assistance to muzzaki to count them.
Charity which has been paid to the agency amil zakat institutions ata amil zakat is deducted from net income / taxable income of the rest of the taxpayers concerned in accordance with the laws and regulations.

Article 15

Scope of authority by the agency collecting zakat amil zakat determined by a ministerial decree.

CHAPTER V
Utilization ZAKAT

Article 16

The results for the collection of zakat utilized in accordance with the provisions mustahiq religion.
Utilization of the collection of zakat by mustahiq needs and priorities can be utilized for productive business.
Requirements and procedures for the utilization of zakat collection referred to in paragraph (2) is regulated by 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 the tasks performed by the agency amil zakat regulatory elements referred to in Article 6 paragraph (5).
Leadership of the regulatory elements are directly elected by the members.
Regulatory elements located at all levels of body amil zakat.
In conducting the audit agency amil zakat, the regulatory elements can emminta help public accountant.

Article 19

Amil zakat agencies provide an annual report of its operation to the House of Representatives of Indonesia or to the Regional Representatives Council in accordance with its level.

Article 20

The public can participate in the purview of amil amil zakat zakat and institutions.

CHAPTER VII
SANCTIONS

Article 21

Each manager charity which due to their negligence has not recorded or recorded incorrectly Zakat, infaq, Sadaqah, grants, wills, inheritance, and expiation sabagimana meant in Article 8, Article 12 and Article 13 in this law is punishable by a long kurunngan three-month-old and / or a fine of banyanya Rp.30.000.000, - (thirty million dollars).
The offenses referred to in paragraph (1) above is a violation.
Every officer and agency officials amil zakat amil zakat institutions of a criminal act punishable in accordance with the laws and regulations.

CHAPTER VIII
OTHER PROVISIONS

Article 22

In the case of muzzaki are traveling or living in foreign countries, the collection of zakat zakat collector unit carried by the representatives of Republic of Indonesia, which then forwarded to the agency of the National amil zakat.

Article 23

In support of implementation of tasks amil zakat agency referred to in Article 8, the government must help the agency operating costs amil zakat.

Chapter IX
TRANSITIONAL PROVISIONS

Article 24

All laws and regulations governing the management of zakat is still in effect as long as in and / or have not been replaced by a new regulation under this Act.
No later than two tahn since the enactment of this law, every organization managing the existing charity must adjust according to the provisions of this Act.

CHAPTER X
CLOSING

Article 25

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

Ratified in Jakarta
on 23 September 1999

PRESIDENT OF THE REPUBLIC OF INDONESIA
Signed
BACHARUDDIN JUSUF HABIBIE

Promulgated in Jakarta
on 23 September 1999

MINISTER OF STATE SECRETARY OF STATE
REPUBLIC OF INDONESIA
Signed
MULADI

REPUBLIC OF INDONESIA YEAR 1999 NUMBER 164

Copy of the original
CABINET SECRETARIAT RI
Regulation bureau chief
Legislation II
Plt.
Edy Sudibyo

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