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All Journal Sriwijaya Law Review Kultura: Jurnal Ilmu Sosial dan Humaniora
Ida Musofiana
Universitas Islam Sultan Agung Semarang
Humanities Decision Sciences, Operations Research & Management Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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PERBANDINGAN REGULASI ZAKAT DAN PENYELEWENGAN ZAKAT DI INDONESIA DAN MALAYSIA Hallasurra Alisain Chandrakirana; Ida Musofiana; Achmad Sulchan
Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora Vol. 1 No. 1 (2023): Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora
Publisher : Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.572349/kultura.v1i1.193

Abstract

This research aims to analyze zakat regulations in Malaysia and Indonesia with a focus on comparing key aspects in the management and enforcement of zakat laws. The research method used is a qualitative method with library study data collection techniques. The main objective of this research is to understand the differences and similarities in the structure of zakat management, the sanctions and penalties imposed for zakat misappropriation, as well as the effectiveness of zakat law enforcement in the two countries. The research results show that Malaysia has a more centralized approach in managing zakat with the Department of Zakat and Hajj (JAWHAR) acting as a central government agency. On the other hand, Indonesia adopts a more decentralized approach involving various national, provincial and local zakat bodies, as well as zakat amil institutions operating at the village or sub-district level. The differences in zakat management structures reflect differences in the approaches to zakat regulation in the two countries. In addition, Malaysia imposes a fine of up to 1,000 ringgit and/or a prison sentence of up to six months for zakat violations, while Indonesia imposes a prison sentence of up to 5 years and/or a maximum fine of IDR 500,000,000.00. Even though both have laws regulating zakat, the effectiveness of zakat law enforcement is still a challenge in both countries. To improve zakat regulations, Malaysia and Indonesia have made improvements, including increasing public understanding of zakat, increasing transparency in zakat management, and strengthening zakat supervision and law enforcement bodies. With these various initiatives, it is hoped that zakat regulations in both countries can become more effective in maintaining the integrity of the zakat system and supporting the welfare of the wider community.
From China to the Dutch East Indies: Colonial Opium Control and Indonesian Narcotics Law Andri Winjaya Laksana; Hendro Widodo; Anton Rudiyanto; Ida Musofiana
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5940

Abstract

This study examines the historical foundations of Indonesian narcotics law without assuming a direct causal line from the British opium trade in China to Law No. 35 of 2009. The problem is the tendency of legal-historical accounts to treat China and Indonesia as equivalent colonial experiences and omit the stages through which international drug control was received in the Dutch East Indies and post-independence Indonesia. Using doctrinal legal research, legal history, and conceptual analysis, the study develops a connected-history framework that distinguishes origin, transmission, colonial reception, and domestic adaptation. The findings show that British intervention in China functioned as an international catalyst by exposing the conflict between commercial power, regulatory sovereignty, and public health. The 1909 Shanghai Opium Commission and the 1912 International Opium Convention converted that controversy into multilateral control techniques, while the Dutch Opiumregie supplied the more direct administrative link to Indonesian territory. Indonesia’s punitive orientation cannot therefore be attributed solely to Britain or China; it also reflects later United Nations conventions, post-independence legislation, enforcement practices, and national policy choices. Continuity is strongest at the functional level—classification, licensing, surveillance, and penal control rather than as an unbroken transfer of identical legal rules. The article proposes a differentiated enforcement model that preserves firm sanctions for organized trafficking while making assessment, medical and social rehabilitation, and reintegration the primary response for addicts and victims of abuse, particularly young people. Its novelty lies in a four-stage transmission model that clarifies the relevance and limits of colonial genealogy for reforming Indonesian narcotics law.
Co-Authors Achmad Sulchan Andri Winjaya Laksana Anton Rudiyanto Hallasurra Alisain Chandrakirana Hendro Widodo