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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) PengabdianMu: Jurnal Ilmiah Pengabdian kepada Masyarakat
Bambang Setiaji
Universitas Muhammadiyah Surakarta
Agriculture, Biological Sciences & Forestry Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : Jurnal IUS (Kajian Hukum dan Keadilan)

 1 
NORM CHARACTERISTICS OF ISLAMIC BANKING IN INDONESIA ON MURABAHAH INSTRUMENT TOWARDS BEYOND BANKING Nurjannah S; Hilman Syahrial Haq; Khudzaifah Dimyati; Bambang Setiaji
Jurnal IUS Kajian Hukum dan Keadilan Vol 6, No 3 (2018)
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1130.481 KB) | DOI: 10.29303/ius.v6i3.581

Abstract

The dynamics of Islamic banking since 2008 has grown rapidly after the enactment of Law Number 21 Year 2008 concerning Islamic Banking. Murabahah products undergo several stages of review or assessment in order to achieve compatibility between the fundamental aspects of its welfare and operations. The existence of various perceptions and implementations so far has become an important issue to be studied, considering the standardization of technical product which is a minimum standard, required as a reference for implementation products. This study used a type of doctrinal research, with textual inference procedures and qualitative descriptive analysis. The presents of Sharia or Islamic issues, legal issues and operational issues are several characteristics of norms stated in the Islamic Banking Law regarding murabahah instrument. Standard Book of murabahah products based on the Financial Services Authority Regulation which contains the capacity and service standards that are derived from important norms and guidelines in the operation of murabahah instrument. Understanding and implementing the Islamic banking industry brings together two dimensions of value, that are the value of professionals in the financial world and the value of compliance with sharia principles, one of which is the rules of commercial transaction that are not mixed with the rules of credit. These fundamental indicators determine the norm characteristics of Islamic banking in Indonesia. Thus, the construction of legal reforms for Islamic banks as beyond banking is well realized.
Law Enforcement on Sharia Compliance: a Case Study on The Murabahah Consumptive Financing Agreement of Bank A Syariah Nurjannah S; Bambang Setiaji
Jurnal IUS Kajian Hukum dan Keadilan Vol 9, No 2: August 2021 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v9i2.895

Abstract

Sharia compliance is the basic basis for assessing whether Islamic banks have enforced sharia law. Law enforcement by Islamic banking must reach the element that the bank has implemented the rules of muamalah related to the prohibition of usury and dzolim. The factual phenomenon is fraud in the murabahah consumptive financing contract by Bank A Syariah. This is important to study and analyze considering that law enforcement on sharia compliance in bank A Syariah on contract and financing instruments has an impact on customer and public trust. This research uses normative legal research methods, with a critical legal study approach. The results of the study show that law enforcement is not directly proportional to sharia compliance. There is still a “legal trick” (Hilah) in the murabahah consumptive financing contract. Hilah is part of the legalization of taking usury. Bank A Syariah business activities have not been maximally carried out in the real or productive sector. Productive sectors, such as livestock, food crop agriculture, food and beverage processing industry, and others. Second, murabahah consumptive financing still relies on the pattern of consumptive lending in the form of a privileged civil servant decree as collateral. The object of the contract is money, not the real sector, so that the murabahah contract fraud by Sharia bank A also surfaced. The murabahah contract that is carried out between BA customers and Sharia bank A is one of the cases that justifies Islamic banks only have sharia labels, but their implementation has not been sharia.
Law Enforcement on Sharia Compliance: a Case Study on The Murabahah Consumptive Financing Agreement of Bank A Syariah Nurjannah S; Bambang Setiaji
Jurnal IUS Kajian Hukum dan Keadilan Vol. 9 No. 2: August 2021 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v9i2.895

Abstract

Sharia compliance is the basic basis for assessing whether Islamic banks have enforced sharia law. Law enforcement by Islamic banking must reach the element that the bank has implemented the rules of muamalah related to the prohibition of usury and dzolim. The factual phenomenon is fraud in the murabahah consumptive financing contract by Bank A Syariah. This is important to study and analyze considering that law enforcement on sharia compliance in bank A Syariah on contract and financing instruments has an impact on customer and public trust. This research uses normative legal research methods, with a critical legal study approach. The results of the study show that law enforcement is not directly proportional to sharia compliance. There is still a “legal trick” (Hilah) in the murabahah consumptive financing contract. Hilah is part of the legalization of taking usury. Bank A Syariah business activities have not been maximally carried out in the real or productive sector. Productive sectors, such as livestock, food crop agriculture, food and beverage processing industry, and others. Second, murabahah consumptive financing still relies on the pattern of consumptive lending in the form of a privileged civil servant decree as collateral. The object of the contract is money, not the real sector, so that the murabahah contract fraud by Sharia bank A also surfaced. The murabahah contract that is carried out between BA customers and Sharia bank A is one of the cases that justifies Islamic banks only have sharia labels, but their implementation has not been sharia.
Co-Authors Agung Riyardi Anshari, Rahman Didit Purnomo Faldi Faldi Hamzah, Hasyrul Haq, Hilman Syahrial Khudzaifah Dimyati Nurjannah S Rizky Kurniawan Syamat S, Nurjannah Triyono Triyono Widya Rahmah