Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Vol 5, No 2 (2020): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum

Controlling Dualism in Sharia Cooperative and Spirit of Institutional Progressivity

Efendi, Mansur (Unknown)



Article Info

Publish Date
31 Dec 2020

Abstract

Act no 1 of 2013 on micro-finance institution makes controlling dualism for a micro-finance institution, cooperative, including sharia cooperative. In that act, every micro-finance institution that operating its business must choose between a cooperative or limited liability company (PT) as a legal entity. According to the act on cooperative and act on the micro-finance institution, Sharia cooperative can be supervised by Finance Service Authority (OJK) or cooperative and micro-medium enterprise service. This dualism makes differences in how to determine controlling institutions for sharia cooperative. One of the contributing factors is the differences in controlling regulation between act on cooperative and act on the micro-finance institution. The result of this research shows that there are differences in controlling between act on cooperative and act on the micro-finance institution. The way of controlling, according to act on cooperative emphasizes principles to give autonomy, independency, and leniency to a cooperative. Whereas, the controlling model which implemented by OJK emphasize on prudential banking principles.

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Journal Info

Abbrev

al-ahkam

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Ahkam journal aims to facilitate and to disseminate an innovative and creative ideas of researchers, academicians and practitioners who concentrated in Sharia and Law. It covers textual and fieldwork with various perspectives of Islamic family law, Islamic economic law, Islam and gender ...