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All Journal Varia Justicia Lex Scientia Law Review Al-Manahij : Jurnal Kajian Hukum Islam
Rizaldy Anggriawan
Universitas Muhammadiyah Yogyakarta
Law, Crime, Criminology & Criminal Justice

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Sharia Compliance on Murabaha Financing in Sharia Rural Banks: A Review of Recent Practices Muhammad Khaeruddin Hamsin; Abdul Halim; Rizaldy Anggriawan; Ahmad Fanani
Varia Justicia Vol 18 No 3 (2022): Vol 18 No 3 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i3.8376

Abstract

One of the most significant concerns in the practice of Sharia Rural Banks is Islamic compliance. This is necessary to guarantee that the policies, provisions, processes, and procedures, as well as the Sharia Rural Bank’s (BPRS) business activities, are in accordance with the provisions and Sharia Principles. The aim in this paper is to extensively evaluate whether Sharia rural banks have completely implemented and conformed with Sharia norms and values, particularly when it comes to Murabaha financing practices. It elaborates on the compliance assessment from the initial application of Murabaha to its complete execution. It also explores the BPRS debt settlement plan, which is in accordance with the DSN-MUI Fatwa, and discusses the OJK Policy on the restructuring process during the Covid-19 crisis. The paper used a normative-empirical research method with employing statutory and conceptual approaches. The análysis of data is described in qualitative-descriptive where the data was obtained from library and empirical research. The findings show that, with a few outliers, the DSN-MUI Fatwa and OJK Policy are implemented in the execution of Murabaha contracts at BPRS. Even during a pandemic crisis, when many customers were unable to settle their debts, the bank was compelled to postpone the debt while still adhering to Sharia principles. However, certain features, particularly the application of the Murabaha contract that is preceded by a wakalah contract, are thought to be in contradiction of the DSN-MUI fatwa on Murabaha.
Sharia E-Wallet: The Issue of Sharia Compliance and Data Protection Muhammad Khaeruddin Hamsin; Abdul Halim; Rizaldy Anggriawan; Hilda Lutfiani
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 1 (2023)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v17i1.7633

Abstract

Sharia digital payments have lately emerged as one of the most significant innovations and breakthroughs in the field of Islamic economics in Indonesia. However, behind the positive side of the use of sharia e-wallets, there is one thing that all parties involved need to pay attention to, which if ignored can become a double-edged sword for its users, namely compliance, security, and personal data protection. The paper aims to investigate how the Indonesian government regulates data privacy for Islamic e-wallet users. It also investigates the potential risks and challenges of Islamic digital payments particularly in regard to data protection. Besides, it also investigates whether or not the sharia e-wallet has complied with the Fatwa of National Sharia Council (DSN-MUI). The study used normative research methods employing statutory, case, and conceptual approaches. This study reveals that the use of sharia e-wallets in Indonesia is essentially in compliance with Islamic principles as stated in the Fatwa of the National Sharia Council. As for the protection of personal data, in fact, this has been regulated in a comprehensive manner by the government and related state institutions such as Bank Indonesia and the Financial Services Authority. However, the government still has work that must be considered in regard to the compliance of sharia digital payment operators with established laws and regulations, where in the event of the operators violated the use of data privacy, thus they will face a severe sanctions stipulated by the prevailed rule.
The Rising Tide of Financial Crime: A Ponzi Scheme Case Analysis Rizaldy Anggriawan; Muh Endriyo Susila; Ming Hsi Sung; Dwilani Irrynta
Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i1.60004

Abstract

Ponzi scheme is one of the most common types of fraud perpetrated by con artists. The reason for this is that the mode is relatively easy to conceal. In this regard, criminal law plays a significant role in countering fraudulent practices. It serves as an initial warning to individuals who intend to engage in such behavior that they may face harsh penalties if they do so. The study aims to compare and analyze the Ponzi and pyramid schemes in the framework of criminal law enforcement. It also thoroughly investigates the criminal rules and their application to specific cases associated with Ponzi and pyramid schemes in Indonesia. This normative or doctrinal legal research employs statutory, conceptual, and case approach. The study reveals that there is some confusion in the community as well as the legal enforcement officers on the practice of Ponzi and pyramid schemes. As a result of this discrepancy, law enforcement officers may be incorrect in ensnaring an allegation against the offenders, or they may even consider that offenders are innocent. It is also exacerbated by the lack of a single rule that particularly governs the issue of Ponzi schemes, which may result in a legal vacuum. This circumstance might therefore be used by irresponsible persons to create such business companies that use Ponzi schemes and conceal their actions with crypto investment or robot trading software, as recently occurred in Indonesia.
Co-Authors Abdul Halim Ahmad Fanani Dwilani Irrynta Hilda Lutfiani Ming Hsi Sung Muh Endriyo Susila Muhammad Khaeruddin Hamsin