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All Journal Jurnal Hukum IUS QUIA IUSTUM MIZANUNA: Jurnal Hukum Ekonomi Syariah
Rusni Hassan
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Law, Crime, Criminology & Criminal Justice

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Penyelesaian Sengketa Bisnis Keuangan Islam Melalui Pengadilan di Malaysia dan Relevansinya dengan Indonesia Agus Triyanta; Rusni Hassan
Jurnal Hukum IUS QUIA IUSTUM Vol. 15 No. 2 (2008)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol15.iss2.art4

Abstract

Islamic financial transactions, particularly in Islamic banking business, is a new mode of financial transaction in the nomenclature of the law of contracts. Different from conventional financial transactions which have been established for a long time, Islamic financial transaction is a newly introduced and is still evolving to find out its ideal form. Having said this, dispute settlement for cases arising from the Islamic financial transactions certainly need sufficient attention from the judicial authority in Indonesia. If for about fiveteen years dispute settlement in this matter was under the authority of the Shariah Arbitration Panel (Basyarnas), today, this dispute settlement can be brought to the court of juctice. It is made possible by virtue of the issuance of the Act no. 3 of 2006 on Religious Court and also the approval of the bill of Shariah Banking Act by the members of parliament. This fact suggests that for Indonesia necessary preparations pertinent to the court sistems to be rady in hadling the cases are strongly demanded. In this situation, Malaysia’s experiences in matters pertinent to dispute settlement of Islamic financial business through the court is a good case to be learned.
PROSPEK DAN TANTANGAN PERBANKAN SYARIAH DI TURKI DAN INDONESIA: Studi Komparatif Berbasis SWOT Zulfahmi; Rusni Hassan
J-HES NIDA EL-ADABI: Jurnal Hukum Ekonomi Syariah Vol 1 No 1 (2023): Juni 2023
Publisher : LPPM STAI Nida El-Adabi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59166/mizanuna.v1i1.44

Abstract

The issues and challenges faced by Islamic banking in Indonesia and Turkey are similar and appropriate to explore.  Despite having a legacy of strong Islamic law, the majority Muslim population, and the strategic location of each country, they have not been able to dominate the local market share of Islamic banks compared with conventional banks. This research aims to examine Islamic banks in terms of the distinguish regarding to the legal and regulatory progress in both countries, especially on their SWOT and propose strategies for developing and sustainability. This study is a qualitative study as the main method that takes data from various works of literature, namely books, journals, and other sources. Primary data has also been explored by conducting an in-depth interview with the experts regarding these issues. The expert interview has been conducted in Indonesia, and Turkey from 2019 to 2022. Basically, they were Bankers, Islamic Scholars, Regulators, and Academicians. Meanwhile, this research also applied a comparative approach. This research found that government support stands as the first priority from an opportunity aspect. Islamic bank in those countries also needs to be aware of the absence of separate law as the main priority of threats aspect. Another finding shows that separate law and regulation is the main strategy to enhance Islamic banks in each country. This study could serve as a reference point for the regulator in formulating appropriate policy strategies to increase the market share of Islamic banks in Malaysia, Indonesia, and Turkey. This research is also expected to be able to contribute to enriching scientific studies in an effort to popularize Islamic banking in whole Muslim countries. 
Co-Authors Agus Triyanta Zulfahmi