Asep Arifin
Universitas Islam Negeri Sunan Gunung Djati Bandung

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PENERAPAN DENDA TA'ZIR PADA PRODUK PEMBIAYAAN MIKRO DI BRI SYARIAH KCP KOPO Meti Hasanah; Asep Arifin
Al-Muamalat: Jurnal Ekonomi Syariah Vol 6, No 2 (2019): July
Publisher : Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/am.v6i2.9643

Abstract

ABSTRACTBRI Syariah Bank Kopo Sub-Branch Office is a sharia financial institution that imposes sanctions on capable customers who delay payments in the form of a sum of money agreed upon at the time of the contract. The Bank will impose the fine calculated from the payment due until the date the payment is repaid. This sanction is based on the ta'zir principle, which aims to make the customer more disciplined in carrying out his obligations. Penalties obtained from customers are returned to the customer by accumulating the amount of the fine at the end of the financing.This study aims to find out, (1) to find out the process of giving Micro Financing in BRISyariah KCP Kopo, (2) to find out the application of ta'zir fines to Pembiayan Mikro products at BRI Syariah KCP Kopo, (3) to find out the suitability between the DSN No Fatwa .17 / DSN-MUI / IX (a) 2000 with ta'zir fines on Pembiayan Mikro products at BRI Syariah KCP Kopo. In this framework, financing is one of the main tasks of the bank, namely the provision of funding facilities to meet the needs of the parties who constitute the unit deficit. For customers who default, delaying payment after a fall will be subject to sanctions in the form of financial financial penalties, which are regulated in Fatwa DSN No.17 / DSN-MUI / IX / 2000 concerning sanctions for capable customers who delay payments. This study uses descriptive research methods, namely by collecting, studying, analyzing, and interpreting data that are related to the implementation of fines. The data obtained were interviewedwith one of the Micro Account Officer staff, and supported by literature studies. The results of this research process of the provision of microfinance is carried out step by step in accordance with the bank's rules, one of which is the bank's basic reference in assessing whether or not customers are eligible for financing through analysis of character, capacity, capital, condition, and collecteral. The application of fines at BRI Syariah KCP Kopo is imposed on customers who delay the Bank's payment will impose the fine calculated from the payment due until the date the payment is paid. This sanction is based on the ta'zir principle. Conformity Fatwa DSN-MUI No. 17 / DSN-MUI / IX / 2000 with the application of fines at BRI Syariah KCP Kopo there is a discrepancy in point 6 "Funds that come from fines are designated as social funds" this point the bank does not apply properly, even though in the contract clause and financing provision guidelines The micro fine will be distributed by the bank for social funds, but in practice fines obtained from customers are returned by the bank to the customer by accumulating at the end of the financing through the customer’s account.
PENANGULANGAN KREDIT MACET PADA PEMBIAYAAN MURABAHAH DI BANK RAKYAT INDONESIA SYARIAH KCP. CIANJUR Ulfah Khoirunisa; Asep Arifin
Al-Muamalat: Jurnal Ekonomi Syariah Vol 5, No 1 (2018): January
Publisher : Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/am.v5i1.9657

Abstract

In a developing economy, people need financial capital to open businesses and expand their business. Business actors obtain financial capital from the bank. This is due to easier access to banking and wider networks in various regions. For that reason, the review of the Shari'ah Law Economics Law on the claims of loan financing (murabaha) of bad debts in LKS is important. Taking into account the phenomenon, the study of Islamic financial institutions, especially regarding the review of Islamic law on financing guarantees and bad credit risk management, becomes something new that deserves to be studied in depth. This study aims to determine the factors that cause the occurrence of problem financing, what things have been applied by Bank BRI Syariah in tackling the problematic financing and how the mechanism of cooperation with the askrindo, and see how the review of Islamic Law Law against the prevention of bad debts in murabahah financing. Murabahah according to the Law No.21 of 2008 concerning Sharia Banking is a Financing Agreement of an item by asserting its purchase price to the buyer and the buyer pays it at a more price as an agreed profit. The research method used is descriptive analysis method, that is research focused on a particular case to be observed and dianalasis thoroughly until thoroughly. The type of data used is the primary data that contains interview author to staff employees BRI Syariah KCP Cianjur either directly or indirectly and secondary data that support in solving research problems. The data collection techniques used through interviews to BRI Syariah and several journals on the problem of bad loans. Based on the result of the research, (1) Factors that cause problem financing in Bank BRI Syariah KCP Cianjur caused by debtor and creditor factor, coping mechanism murabahah stalled in Bank BRI Syariah KCP Cianjur in cooperation with ASKRINDO seen from cause factor congestion because that is handled by the ASKRINDO only a few factors such as fire, sea transport, and motor vehicles, (2) The review according to Al-Qura'an and Al-Hadist against the prevention of bad financing in Murabahah financing in Bank BRI Syariah KCP Cianjur not in accordance with which is contained in Al-Qur'an and Al-Hadist where doing the prevention through mediation with the creditor first and the creditor does not provide openness when making a collective agreement. However, the debtor is not aware of the presence of ASKRINDO in the prevention of bad debts in BRI Syariah KCP Cianjur.