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All Journal Supremasi Hukum Islamic Banking & Economic Law Studies
Suryadi, Djaka
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Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

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DEFAULT MORTGAGE CUSTOMERS THROUGH BANK KPR WITH BUYBACK GUARANTEE DEVELOPER FACILITY IN ISLAMIC ECONOMICS PERSPECTIVE Suryadi, Djaka; Alim, Muhammad Nurul
Islamic Banking & Economic Law Studies (I-BEST) Vol. 3 No. 1 (2024): ISLAMIC BANKING & ECONOMIC LAW STUDIES (I-BEST)
Publisher : STAI Asy-Syukriyyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36769/ibest.v3i1.497

Abstract

This research aims to determine the buyback guarantee regulatory system and the buyback guarantee working mechanism until the bank makes a buyback guarantee claim to the developer. This research also aims to review buyback guarantee from Islamic perspective. The research method used is qualitative research using closed interviews and observation methods. Based on the research results, the developer has the criteria for potential partners to be able to work together and make agreement rules for both parties and the risks that will be experienced by the Customer, Bank, and Developer. The developer can make an effort before the bank makes a buyback guarantee claim to remind the customer that payment obligations at the bank are in arrears. In Islamic sharia perspective, the buyback guarantee is permitted provided that it is an option, not an obligation. The buyer may sell either to the first seller or another person. This provision is to avoid the prohibited bai’ al-'inah, which leads to prohibited riba transaction. Other Islamic solutions are debt restructuring (rescheduling) and postponement of the debt payment.The research is expected to give Islamic solution before buyback guarantee is executed
RESTRUCTURING OF BANK DEBT IN THE CONTEXT OF PKPU APPLICATIONS AS A MEANS TO SAVE BUSINESS ACTORS? Rahmadi, Raendhi; Suryadi, Djaka
SUPREMASI HUKUM Vol. 20 No. 02 (2024): Supremasi Hukum
Publisher : Fakultas Hukum Universitas Islam Syekh Yusuf

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Abstract

Postponing Debt Payment Obligations (PKPU) aims to achieve peace between customers and financing providers so that they can reach an agreement regarding how these debts will be paid. Financing restructuring is an effort to improve the activity of providing relief for paying financing debt installments to customers who may have difficulty fulfilling their obligations. The financing provided by sharia banking is always subject to the risk of payment failure, which creates financing issues. The efforts of Sharia banking to surmount non-implementation of financing are, in principle, identical to those of conventional banking. These efforts include restructuring financing, collateral execution, litigation, the national sharia arbitration council, writing off books, and returning debts by reducing principal debt. Keywords: Sharia Bank, Restructuring of Financing, and Non-Financing Performance
SHARIA STOCK TRADING IN INDONESIA: PRINCIPLES AND REGULATORY FRAMEWORK: PERDAGANGAN SAHAM SYARIAH DI INDONESIA: PRINSIP DAN KERANGKA REGULASI Suryadi, Djaka; Alim, Muhammad Nurul
Islamic Banking & Economic Law Studies (I-BEST) Vol. 4 No. 1 (2025): Islamic Banking & Economic Law Studies (I-BEST)
Publisher : STAI Asy-Syukriyyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36769/ibest.v4i1.1057

Abstract

This study explores the legal foundations and operational mechanisms of sharia-compliant stock trading in Indonesia. Using a normative juridical and qualitative approach, it examines how Islamic principles—particularly the prohibitions of riba, gharar, and maisir—are applied in the Indonesia Stock Exchange. Findings show that stock trading is permissible in Islam when conducted under contracts such as musyarakah and mudharabah, and regulated through fatwas like DSN-MUI No. 80/2011. The Sharia Online Trading System (SOTS) ensures compliance by prohibiting margin trading and short selling. Distinctions from conventional trading lie in sharia screening, real asset backing, and ethical restrictions. This research concludes that Indonesia’s Islamic capital market offers a viable halal investment platform. It recommends enhancing public literacy, transparency in screening criteria, and consistent enforcement to support ethical investing aligned with Islamic law.
Co-Authors Alim, Muhammad Nurul Rahmadi, Raendhi