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Journal : Yuridika

PENANGANAN RISIKO HUKUM PEMBIAYAAN DI BANK SYARIAH Trisadini Prasastinah Usanti
Yuridika Vol. 29 No. 1 (2014): Volume 29 No 1 Januari 2014
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (136.381 KB) | DOI: 10.20473/ydk.v29i1.355

Abstract

The most of the assets of syariah banks are financing. On one side it is the largest source of income. however it could be the source of the greatest business risk as well. Therefore, quality of the financing must be protected and kept feasible. The legal issue analyzed in this article is about the efforts being made by Islamic banks to handle legal risks arising from financing. The approach used is the statute approach and conceptual approach. The efforts made by syariah banks in dealing with risk law financing based on two strategies, namely the restructuring of financing or settlement of financing problem.Keywords: legal risk, financing, syariah bank.
ASAS IKHITYATI PADA AKAD PEMBIAYAAN MUDHARABAH DI LINGKUNGAN PERBANKAN SYARIAH Trisadini Prasastinah Usanti; Prawitra Thalib
Yuridika Vol. 31 No. 2 (2016): Volume 31 No 2 May 2016
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (299.714 KB) | DOI: 10.20473/ydk.v31i2.5190

Abstract

Agreement in Arabic termed Mu'ahadah Ittfa, or Contract. In the language of Indonesia known by contract, agreement or approval meaning is an act where one or more bind itself against someone else or more. Equivalent of the word Agreement in Arabic is aqad. In terms of jurisprudence in general contract means something into someone's determination to carry out, both emerging from one party such as endowments, divorce, and the oath, as well as emerging from the two parties such as sale and purchase, rent, wakalah and pawn. On the basis of Islamic banking environment there are ikhiyati where this principle should be applied on the mudharabah financing contract. Basic Ikhtiyati/prudence had the meaning that each contract is done with careful consideration and implemented appropriately and carefully. The implementation of the principle of mudharabah financing contract on ikhtiyati requires the analysis of pembiyaan before the financing approved by the syariah bank, if the customer (mudharib) violate these restrictions, then the mudharib should be responsible in case of loss.
Sharia Principles on Information Technology-Based Financing Services Trisadini Prasastinah Usanti; Prawitra Thalib; Nur Utari Setiawati
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (302.338 KB) | DOI: 10.20473/ydk.v35i1.14084

Abstract

The Financial Services Authority only regulates information technology-based money lending and borrowing services that have not yet regulated sharia-based information technology financing services (fintech Syariah). This is evidenced by the provision of loan interest rates in the Financial Services Authority Regulation. This is contrary to sharia principles. The existence of Fintech Syariah is only based on DSN-MUI Fatwa Number 117/DSN-MUI/II/2018 which expressly states that information technology-based financing services are permitted with conditions that must be by sharia principles so that they cannot promise usury, gharar, maysir, tadlis, and dharar. Contracts that frame the legal relationship between the organizer, the financing provider and the recipient of financing, among others, the contract of wakalah bil ujrah, mudharabah, musyarakah, ijarah, and murabahah
Deposit Guarantee Institutions In Microfinance Institutions In Indonesia: A Hope? Usanti, Trisadini Prasastinah; Yuniarti, Yuniarti; Thalib, Prawitra
Yuridika Vol. 40 No. 3 (2025): Volume 40 No 3 September 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v40i3.55514

Abstract

This research aims to analyze the depositors of funds’ legal protection in MFI through the existence of the Deposit Insurance Corporation. This legal research uses a statutory approach and a conceptual approach. The establishment of a Deposit Insurance Corporation in Microfinance Institutions has been mandated since 2013 in the Microfinace Institutions act which aims to guarantee the deposits of MFI members and communities, but until the promulgation of the Financial Sector Development and Strengthening Act has not been formed. Provisions on preventive protection for depositors of funds in MFI even though they have been regulated in the Microfinance Institutions Act, the Financial Sector Development and Strengthening Act as well as POJK 10/2021 and POJK 19/2021, however the existence of the Deposit Insurance Corporation at Microfinance Institutions is still needed as the existence of the Deposit Insurance Corporation that guarantees deposits at banks. The existence of a Deposit Insurance Corporation in Microfinance Institutions is very important in order to ensure the payment of deposits from members and the public if the Microfinance Institution is revoked its license by the Financial Services Authority and to maintain the trust of members and the public. Due to the lack of position the depositor of funds in Microfinance Institutions is only a concurrent creditor so that potentially deposits are not fully paid.