scholarly journals MENGKRITISI MAKNA HUKUM RIBA BUNGA BANK

HUMANIKA ◽  
2015 ◽  
Vol 21 (1) ◽  
pp. 75
Author(s):  
Agus Sarono
Keyword(s):  
Interest Rates ◽  
Islamic Law ◽  
Legal Theory ◽  
Small And Medium Enterprises ◽  
Business Transactions ◽  
Sociological Jurisprudence ◽  
Critical Legal Theory ◽  
Conventional Banks ◽  
Medium Enterprises ◽  
Legal Meaning

Bank interest is considered usury. One is to be scrutinized if the bank interest as usury, because usury is often mentioned in the texts is characterized oppress and torment the community. As with the conventional bank interest, how many small and medium enterprises which helped because Free Master in conventional banks. Problems found in the writing of this paper is; Why people ignore the MUI fatwa on usury interest as knife analysis; Unger critical legal theory, theory of responsiveness Nonet Sezlnick, the theory of legal culture Lawrence M Friedman progressive Satjipto Rahardjo and Usul Fiqh used to find alternative meanings of texts relating to usury From search and review of the problems concluded that after the birth of four Imam Muslim schools stuck in the mindset of the four Imams Madzhab and afraid to ijtihad. Therefore, the Muslims thought of usury is not far from what has been inferred by the four Imam mazdhab. Finally Islamic law really can not answer the development of society. Bank interest is equated with usury which both born differ in the time span, the different communities of the background, a different effect. Therefore interest rates clearly differ from usury and should not be equated with riba. That is why people ignore the MUI fatwa in business transactions. Should the scholars 'move from positivistic Jurisprudence to understanding Sociological Jurisprudence positivistic Jurisprudence.Oleh Hence the scholars can use the legal pluralisme approach in defining legal meaning.

scholarly journals Dinamika Modernisasi Hukum Islam: Tinjauan Historis dalam Pembacaan Mazhab Sociological Jurisprudence

2020 ◽  
Vol 14 (1) ◽  
pp. 99-112
Author(s):  
Ahmad Zayyadi
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Muslim World ◽  
Law And Society ◽  
Sociology Of Law ◽  
Modernization Theory ◽  
Sociological Approach ◽  
Sociological Jurisprudence ◽  
History Of ◽  
Legal Position

This article explores the dynamics of the modernization of Islamic law using the sociological approach. The legal theory used is the history of modern law as a comparative Islamic law in the Muslim world related to its influence in Indonesia. The author associates the sociological jurisprudence with the dynamics of modernization of Islamic law in the Muslim world including Indonesia. The sociological jurisprudence is applied in the study of marriage law issues that still need efforts to modernize the law, because these problems continue to develop and the legal position must always be dynamic in responding to sociological problems that always live in society. Various theoretical influences in the sociology of law and also the sociological jurisprudence have a wider impact on the sociology of Islamic law. This effort to modernize Islamic law is part of the development of modernization theory in the sociology of law, which synergizes integratively between law and society and society and law proportionally. This article seeks to apply the sociology of law in general and the sociological jurisprudence in particular about family law with the case of sociological problems of Islamic law in Muslim societies such as Turkey, Egypt, and Indonesia.

scholarly journals Notary Role in Making Using Standard Contract Technology Information in The Framework of Legal Protection of Small and Medium Enterprises (SMEs)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 877 ◽  
Author(s):  
Moch. Asep Rusmana ◽  
Gunarto Gunarto
Keyword(s):  
Small And Medium Enterprises ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Contract Manufacturing ◽  
Business Transactions ◽  
Standard Contract ◽  
Medium Enterprises ◽  
Cost Factors

The purpose of this research is; (1) to analyze the role of the notary in contract manufacturing standards using technology information in a business transaction that is carried out by SMEs, and (2) to analyze the obstacles and solutions contract manufacturing standards using technology information in providing legal protection to SMEs. Researchers use various types of data in the study, such as; (1) primary data, (2) secondary data, and (3) the data tertiary. The three types of data must be mutually supportive and have conformity with one another so that the results of this study can be justified scientifically.The conclusion of this study, namely; (1) business contracts are usually carried out by SMEs in general do not engage the services of a notary. Form of the contract was generally not made in the format of a standard contract. In general, SMEs also do not use technology information in their business transactions. Only a small portion of SMEs that have used the services of a notary and technology information in conducting business transactions, (2) while the main obstacles SMEs have not been optimally use the services of a notary in the transaction business was due to cost factors (notary) who felt still quite burdensome, attributed to the relatively small volume of the SMEs business.Keywords; Notary; Standard Contracts; Technology Information; Legal Protection and SMEs.

scholarly journals The factors affecting accessibility to credit capital of small and medium enterprises in Vietnam

2019 ◽  
Vol 15 (6) ◽  
pp. 15-25
Author(s):  
Phung The Dong ◽  
Nguyen Thi Hong Nham
Keyword(s):  
Interest Rates ◽  
Small And Medium Enterprises ◽  
Probit Model ◽  
Bank Loans ◽  
Bank Loan ◽  
Factors Affecting ◽  
Business Loan ◽  
The Government ◽  
Medium Enterprises ◽  
The Impact

The difficulty in accessing loans is one of the major barriers to the development of small and medium enterprises (SMEs) in Vietnam. Low accessibility to capital forces SMEs to spend both official and unofficial costs in order to obtain loans, and/or to access the unofficial market at higher interest rates, thereby increasing cost of production of enterprises. Studies suggest that the determinants of bank loan processing through which small and medium enterprises can access official loans include: characteristics of enterprises; indicators, reflecting the performance of enterprises; characteristics of loans; characteristics of enterprises, enterprise owners; geographical position of enterprises; the creditworthiness of enterprises and the role of the network.Purpose of the study.The aim of this paper is the quantitative analysis of the factors, affecting accessibility to credit capital of small and medium enterprises in Vietnam.Materials and methods.This study was conducted on the basis of a survey in December 2017. The survey includes 301 enterprises in Hanoi city. Selected enterprises are also enterprises, surveyed in the annual enterprise survey by the General Statistics Office of Vietnam. This paper uses the Probit and Logit regression approach to estimate the impact of factors, affecting the disbursement probability of a loan of an enterprise. The number of SMEs accounts for 56.69% of the samples. The number of enterprises, applying for a bank loan accounts for 58.4% of the total samples, of which the percentage of disbursed loans for SMEs accounts for only 47.3%. For enterprises without a bank loan, eliminating the reasons for the lack of demand and unwish to be in debt, the main reasons not to access bank loans are high interest rates, complicated loan procedures and insufficient collateral.Results.The results obtained from the Logistic and Probit models show that the estimated coefficients are statistically significant, affecting the probability of taking a business loan, accepted by financial institutions. Although the coefficients, estimated from Logistics model are larger than those estimated from the Probit model, the estimated results show that the direction of impact of the variables in two estimation techniques gives quite similar results.Conclusion.Based on the results of this study, the Government of Vietnam should implement policies to support SMEs in the direction of improving their access to capital. The credit institutions should design products and services suitable to the characteristics of SMEs in Vietnam.

scholarly journals FINANCING COMPARISON OF UMKM CONVENTIONAL BANKS AND SYARIAH BANKS IN INDONESIA

2020 ◽  
Vol 20 (2) ◽  
pp. 99
Author(s):  
Ela Elliyana ◽  
Irmah Halimah Bachtiar
Keyword(s):  
Commercial Bank ◽  
Financial Services ◽  
Small And Medium Enterprises ◽  
Bank Lending ◽  
Islamic Banks ◽  
Test Technique ◽  
Homogeneous Groups ◽  
Conventional Banks ◽  
Bank Group ◽  
Medium Enterprises

<p>The purpose of this study was to compare the increase in lending for Micro, Small and Medium Enterprises (UMKM) by Islamic banks and conventional banks after determining the minimum percentage of UMKM credit distribution from the total ceiling of commercial bank lending through Bank Indonesia Regulation (PBI) Number 17/12 /PBI/ 2015, where the mandatory amount of commercial bank lending applies gradually at 5% in 2015 to 20% in 2018. Using quantitative data sourced from the Financial Services Authority (OJK) using the parametric inferential statistical method with the independent T-Test technique, in two homogeneous groups that have no relationship, namely the Islamic bank group and the conventional bank group. The result is that the average increase in the amount of UMKM lending in Islamic banking is greater than that of conventional banks.</p>

Financial Instruments for Small and Medium Enterprise Sustainable Growth

2018 ◽  
pp. 276-293 ◽  
Author(s):  
Carlos Salcedo-Perez ◽  
Andres Carvajal Contreras
Keyword(s):  
Interest Rates ◽  
Latin American ◽  
Small And Medium Enterprises ◽  
Sustainable Growth ◽  
Raw Material ◽  
Financial Instruments ◽  
Difficult Situation ◽  
Access To Credit ◽  
Medium Enterprise ◽  
Medium Enterprises

Financing is a key issue for companies to grow. In Latin America, small and medium enterprises face difficult challenges when trying to get the necessary resources they need to grow or just stay in the market. From excessive paperwork to high interest rates, difficult access to credit is a challenge that has prevented companies from growing, reaching new markets, or just surviving in the markets during the first stages of operation. This, consequently, has an impact on the economic development of the region. The current macroeconomic situation, characterized by the end of a raw material boom, brings an additional issue to a normally difficult situation. This chapter therefore analyzes the current situation of five Latin American emerging economies and then presents a set of financial instruments that could help SMEs to get resources easily.

Recent trends in Islamic banks’ lending modes in Bangladesh: an evaluation

2016 ◽  
Vol 7 (1) ◽  
pp. 28-41 ◽  
Author(s):  
Yasushi Suzuki ◽  
S. M. Sohrab Uddin
Keyword(s):  
Paradigm Shift ◽  
Banking Sector ◽  
Small And Medium Enterprises ◽  
Theory And Practice ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Content Type ◽  
Recent Trends ◽  
Conventional Banks ◽  
Medium Enterprises

Purpose – This paper aims to assess recent trends in lending modes and to address the reasons for and consequences of changes in Bangladesh’s Islamic banking sector. Design/methodology/approach – Theoretical discourse is used to generate an underpinning for the issues covered by the study. In addition, empirical evidence from the banking sector, including the information derived from interviews with the staff of three Islamic banks, is presented to achieve the research objectives. Findings – The findings clearly demonstrate that the Islamic banking sector has experienced a paradigm shift from participatory financing to asset-based financing. In particular, the murabaha mode of financing dominates the current lending structure, which follows the general trend of the global Islamic banking sector. Research limitations/implications – It is necessary to concentrate on the potential negative outcomes of the trade-based murabaha mode of financing in a developing country such as Bangladesh, as banks have less incentive under protective rent (profit) opportunities to train the experts to screen and monitor projects in other socially desirable sectors such as agriculture and manufacturing including the small and medium enterprises. Originality/value – Despite substantial growth of the Islamic banking sector, less research has been conducted to shed analytical light on the operations of Islamic banks from the perspective of loan disbursement to identify the disparities, if any, in between theory and practice in countries where both Islamic and conventional banks operate simultaneously. Using country-specific evidence, this study contributes to the debate by highlighting the paradigm shift of Islamic banks from participatory financing to the dominance of asset-based murabaha and other modes of lending, by identifying the fundamental causes that contribute to such a shift and by highlighting the consequences of such changes.

scholarly journals Exploring the Impact of Inflation and External Debt on Economic Growth in Morocco: An Empirical Investigation with an ARDL Approach

2021 ◽  
Vol 11 (11) ◽  
pp. 894-907
Author(s):  
Sara EL ABOUDI ◽  
Imad KHANCHAOUI
Keyword(s):  
Economic Growth ◽  
Interest Rates ◽  
Economic Activity ◽  
Small And Medium Enterprises ◽  
External Debt ◽  
Added Value ◽  
Economic Competitiveness ◽  
Negative Effect ◽  
Medium Enterprises ◽  
The Impact

This article seeks to empirically assess the effect of inflation and external debt on economic growth in Morocco. The estimates cover the period from 1985 to 2019. The results from the ARDL model show that external debt negatively influences the country's growth in the short and long terms. Due to its direct effect, inflation slows down economic activity and leads to lower GDP growth. The econometric estimate indicates that the low level of inflation leads to difficulties in repaying debt and, consequently, reduced economic growth. Low inflation also hurts economic competitiveness among small and medium enterprises (SMEs). Although the inflation rate is lower than the interest rates, it reduces the profit margins of companies and leads to lower investment. The negative effect on economic competitiveness leads to decreased sectoral added value, reducing future economic growth rates. Based on the results, two main measures are proposed to mitigate the negative effect of inflation and debt on economic growth. First, we must develop better institutional and governance quality. The latter allows debt funds to be well spent on non-rent-producing sectors capable of reviving the Moroccan economy. Second, we have to look for good inflation, in other words, inflation that stimulates economic activity without creating economic distortions.

scholarly journals DUAL BANKING SYSTEM PASKA MERGER DI INDONESIA

2021 ◽  
Vol 6 (1) ◽  
pp. 77-90
Author(s):  
Arivatu Ni'mati Rahmatika ◽  
Nurvita Putri Romadhani
Keyword(s):  
Small And Medium Enterprises ◽  
Banking System ◽  
Third Party ◽  
Islamic Banks ◽  
The Public ◽  
Library Research ◽  
Before And After ◽  
Credit Financing ◽  
Conventional Banks ◽  
Medium Enterprises

This article explains that (1)  The Post-Merger Dual Banking System is banking that has been implemented in Indonesia. Management of assets together with third party funds with large incomes that have been obtained from conventional banks and Islamic banks, third party funds that run accordance with funding and lending. Conventional banks and Islamic banks provide credit financing to MSMEs (Micro, Small and Medium Enterprises) and differentiate in operations between conventional banks and Islamic banks, (2) this study aims to determine the concept of managing and distributing funds in the dual banking system in Indonesia before and after the merger, (3) the method used is a qualitative method in the form of a library (library research), (4) the results of the study that between Islamic and post-merger conventional banks continue to operate credit funds to the public.

scholarly journals Formal financial institutions financing of immigrant small and medium enterprises in South Africa

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Francis T. Asah ◽  
Lynette Louw
Keyword(s):  
South Africa ◽  
Qualitative Research ◽  
Interest Rates ◽  
South African ◽  
Research Design ◽  
Financial Institutions ◽  
Developing Economies ◽  
Small And Medium Enterprises ◽  
Qualitative Research Design ◽  
Medium Enterprises

Orientation: Small and medium enterprises (SMEs) owned by immigrants in developing economies, such as South Africa, tend to trust formal financial institutions (FFIs) for financial support.Research purpose: Even though immigrant SMEs create opportunities that have important implications for the South African economy; less than 5% of them can access credit from FFIs. This study, therefore, explores the accessibility of credit from FFIs to immigrant SMEs from a supply-side perspective.Motivation for the study: Research studies on improving financing from FFIs to immigrant SMEs will help to boost the survival of immigrant SMEs and promote economic development in South Africa.Research design, approach and method: This qualitative research design used an interpretivistic research paradigm to achieve the research objectives. Data were collected from 16 purposively selected participants and analysed using the five-step process of content analysis outlined by Terre Blanche, Durrheim and Kelly.Main findings: The findings revealed that FFIs are uninterested and biased against considering financing immigrant SMEs and tend to charge them higher interest rates. Collateral, equity contribution and the possession of a South African permanent resident permit with a South African ID are the most important requirements that impact the willingness of FFIs to finance immigrant SMEs.Practical/managerial implications: Implications for the financial institutions in policy development were provided.Contribution/value-add: This research study highlights the requirements and the challenges faced by immigrant SMEs in accessing credit from FFIs. The use of qualitative research design further contributed to the literature on FFIs financing of immigrant SMEs.

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