scholarly journals Kedudukan Hukum Perbankan Syariah dalam Sistem Perbankan Nasional

2016 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Titik Triwulan Tutik
Keyword(s):  
Problem Solving ◽  
Economic Life ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Islamic Banks ◽  
Ideal Situation ◽  
Legal Position ◽  
Conventional Banks ◽  
Islamic Economic ◽  
Religious Courts

The development of Islamic banks as part of the Islamic economic system inIndonesia can be said late compared to that in other countries whose populationis predominantly Muslim. However, the legal position of Islamic banking isjuridically strong and aligned with other conventional banks. If a dispute occursto those banks, according to the decision of Constitutional Court No. 93/PUU-X/ 2012 stating that it can be solved using two ways, namely, litigation and non-litigation. Problem solving using way of litigation becomes the absolute uthority of religious courts, while problem solving using nonlitigation, each party may choose the solution which is not only that explained on Article 55 paragraph (2) of Law No. 21 of 2008 concerning Islamic Banking, but it can also take other alternatives according to the deal made. Surveillance towards Islamic Banking is held not only by insider but also by independent regulatory institution namely DPS and DSN that both have duty of maintaining the Islamic banking towards an ideal situation and keep the Muslims. In addition, as a form of public participation, all Muslims have an obligation to conduct surveillance towards Islamic banking either directly or indirectly as a vehicle for commanding the good and forbidding dishonor towards the implementation of Islamic banking as the Islamic economic life

scholarly journals The Implementation of Ijarah Muntahiya Bittamlik and Mudharabah Products in the Sharia Economic Law Perspective

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Mimin Mu’minah
Keyword(s):  
Rapid Development ◽  
Profit Sharing ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Economic Law ◽  
Conventional Banks ◽  
Islamic Economic

This article is motivated by the rapid development of the Islamic banking world, especially in Indonesia where the majority of the population is Muslims. When other countries have given birth to Islamic-based banks, as well as Indonesia, in 1992 was the establishment of Bank Muamalat Indonesia. Islamic banks use applications that are different from conventional banks, where the term on conventional banks is interest, whereas in Islamic banks use the profit sharing application. One application of Islamic banks that is very helpful to customers is the Mudharabah and Ijarah Muntahiya Bittamlik (IMBT) application. Although these two applications exist in Islamic banks or Islamic-based banks, it is possible that the two applications are not in accordance with Islamic economic law. Therefore, this paper tries to analyze the mudharabah and IMBT applications in the perspective of sharia economic law.  

scholarly journals Penentuan Porsi dalam Skema Profit-Loss Sharing Investasi Syariah

2017 ◽  
Author(s):  
Novriana Sumarti
Keyword(s):  
Stock Market ◽  
Capital Investment ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Business Units ◽  
Sharing Scheme ◽  
Conventional Banks ◽  
Islamic Economic

AbstrakPerkembangan perbankan syariah marak terjadi di banyak negara, termasuk Indonesia. Bank syariah pertama di Indonesia didirikan pada tahun 1992. Sesuai peraturan Bank Indonesia No 23 Tahun 1999, diperbaiki dalam Peraturan No. 3 Tahun 2004, bank Syariah dan kon- vensional diperbolehkan untuk beroperasi di Indonesia. Sekarang terdapat 11 (sebelas) bank syariah dan sekitar lima puluhan unit usaha dan office channeling dari bank konvensional yang menerapkan sistem syariah. Pada makalah ini, penelitian tentang pasar saham syariah dan perbankan syariah akan dibahas. Salah satu penelitiannya adalah penerapan skema Bagi Untung dan Rugi yang merupakan ciri khas ekonomi syariah dengan menggunakan opti- misasi dalam Matematika. Optimisasi dilakukan untuk mendapatkan porsi bagi untung yang dapat menguntungkan baik bagi pemberi modal investasi maupun penerima modal.Kata kunci: Ekonomi Syariah, Optimisasi, Skema Bagi Hasil Untung dan Rugi. AbstractThe development of Islamic banking is rife in many countries, including Indonesia. The first Islamic bank in Indonesia was established in 1992. According to the regulation of Bank In- donesia No. 23 of 1999, amended in Regulation No. 3 In 2004, both Islamic and conventional banks are allowed to operate in Indonesia. Now there are 11 (eleven) Islamic banks, and about five dozens of business units and office channeling of conventional banks that imple- ment the sharia system. In this paper, the research on the stock market of sharia and Islamic banking will be discussed. One of the studies is the application of Profit - Loss scheme, which is the hallmark of Islamic economic, using optimization in Mathematics. Optimization is done to get a portion of the profit that can be beneficial for both the owner and recipient of capital investment capital.Keywords: Islamic Economics, optimization, Profit-Loss Sharing scheme

scholarly journals PERKEMBANGAN BANK SYARIAH DI INDONESIA

2017 ◽  
Vol 1 (02) ◽  
Author(s):  
Agus Marimin ◽  
Abdul Haris Romdhoni
Keyword(s):  
Islamic Banking ◽  
Muslim Country ◽  
Scientific Journals ◽  
Islamic Banks ◽  
Financial Products ◽  
Scientific Papers ◽  
Qualitative Descriptive ◽  
Conventional Banks ◽  
Islamic Economic ◽  
Object Of Study

This study aims to find out about the development of Islamic banks in Indonesia. This research is qualitative descriptive. This study included literature to examine the written sources such as scientific journals, books referesni, literature, encyclopedias, scientific articles, scientific papers and other sources that are relevant and related to the object being studied. As for the object of study of this research is in the form of texts or writings that describe and explain about the development of Islamic banks in Indonesia. Results from this study is Indonesian banking now enlivened by the presence of Islamic banks, which offers financial products and investment in a different way than conventional banks, as Indonesia is the largest Muslim country in the world. The development of Islamic banking in Indonesia has become a benchmark for the success of the Islamic economic existence. Bank Muamalat as the first Islamic bank and a pioneer for other Islamic banks in Indonesia.Keywords: Islamic banks, conventional banks, banking 

scholarly journals Penyelesaian Sengketa Ekonomi Syariah di Pengadilan Agama pada Masa Pandemi Covid-19

2021 ◽  
Vol 4 (2) ◽  
pp. 542-556
Author(s):  
Muhamad Hasan Mafruh ◽  
Muhammad Iqbal Fasa ◽  
Ahmad Kumedi Ja'far
Keyword(s):  
Dispute Resolution ◽  
Descriptive Study ◽  
Court Decision ◽  
Islamic Banking ◽  
Constitutional Court ◽  
The Supreme Court ◽  
Qualitative Descriptive ◽  
The Government ◽  
Islamic Economic ◽  
Religious Courts

The authority to adjudicate sharia economic disputes has absolutely become the authority of the Religious Courts since the issuance of Law No. 3/2006 concerning Amendments to Law No. 7/1989 concerning Religious Courts and strengthened by Law No. 21/2008 concerning Sharia Banking and the Constitutional Court Decision No. 93/PUU-X/2012. Every year, Islamic economic transactions always increase, even though during the pandemic, Islamic banking in Indonesia grows positively. However, the higher and increasing sharia economic transactions in Indonesia, the more disputes that occur. During the current covid-19 pandemic, the government has issued regulations regarding restrictions ranging from PSBB to PPKM. The purpose of this research is to encourage the emergence of sharia economic dispute resolution innovations, especially in the Judiciary during the Covid-19 pandemic without having to violate the Health protocol. This study uses a qualitative descriptive study, which uses literature studies quoted from books and regulations, both laws and other regulations, as well as direct research into the field to see the realities on the ground related to the settlement of sharia economic disputes during the pandemic. The results in this study indicate that the Supreme Court responds quickly to the rules and policies issued by the government by launching an e-court application and investigation (electronic trial). There are many benefits and conveniences that are felt by people seeking justice, especially parties in sharia economic disputes. However, there are still some obstacles experienced by the Religious Courts and justice seekers in electronic proceedings.

Execution of Security Rights in Islamic Banking at The Religious Court of Purbalingga

2016 ◽  
Vol 1 ◽  
pp. 287-297
Author(s):  
Nita Triana
Keyword(s):  
Field Research ◽  
Economic Security ◽  
Islamic Banking ◽  
Actual Situation ◽  
Legal Research ◽  
Security Interest ◽  
Final Verdict ◽  
Islamic Economic ◽  
Religious Courts

This article examines the execution of a security interest in Islamic banking in the Islamic economic disputes in  the  Purbalingga  Religious  Court. The case of non-performing loans in the world of Islamic banking is often the case, this was due to the debtor defaults. Mortgages used as collateral can be executed based on the decision of the Religious Court. The method used in this research is a kind of field research with the approach of Socio Legal Research, including in the realm of non-doctrinal study. The results show the execution of a security interest in dispute sharia economy in Purbalingga Religious Court has been run in accordance with the mandate of the Act: On the substance of the Implementation of the decision of execution is the end of a case that is the result of what is required by the plaintiff are determined in a court of Religion with using the guidelines do not separate from the disciplinary proceedings contained in HIR or Rbg. On the  Structure  of  Purbalingga Religious Court  carry out executions by institutions that are available from the start to the filing of the petition to the Chairman of the Religious Courts, judges who will examine the final verdict, Executor who will call and will execute and when the auction Clerk role of the mentor  State Property Office and Auction (KPKNL). Culturally law. Purbalingga Religious Court  carry out the execution-based approaches to religion and culture. This approach proved to facilitate execution. Obstacles that faced in general, form, creditors often receive a guaranteed land and buildings where the land certificate is no longer appropriate to the actual situation, the Debtor is not willing to leave the place right dependents, barriers to the sale of objects auction execution which does not go unsold objects auction / auction. Constraints that normally occurs in the execution of this economic security rights dispute, can be resolved by various reinforcement structures / institutions and culture through the law chosen by the Purbalingga Religious Courts.

Is Islamic bank profitability driven by same forces as conventional banks?

2016 ◽  
Vol 9 (1) ◽  
pp. 46-66 ◽  
Author(s):  
Hajer Zarrouk ◽  
Khoutem Ben Jedidia ◽  
Mouna Moualhi
Keyword(s):  
Dynamic Panel Data ◽  
Islamic Banking ◽  
Subprime Crisis ◽  
Islamic Banks ◽  
Mena Region ◽  
Bank Profitability ◽  
Content Type ◽  
Large Sample ◽  
Islamic Bank ◽  
Conventional Banks

Purpose The purpose of this paper is to ascertain whether Islamic bank profitability is driven by same forces as those driving conventional banking in the Middle East and North Africa (MENA) region. Distinguished by its principles in conformity with sharia, Islamic banking is different from conventional banking, which is likely to affect profitability. Design/methodology/approach The paper builds on a dynamic panel data model to identify the banks’ specific determinants and the macroeconomic factors influencing the profitability of a large sample of 51 Islamic banks operating in the MENA region from 1994 to 2012. The system-generalized method of moment estimators are applied. Findings The findings reveal that profitability is positively affected by banks’ cost-effectiveness, asset quality and level of capitalization. The results also indicate that non-financing activities allow Islamic banks to earn higher profits. Islamic banks perform better in environments where the gross domestic product and investment are high. There is evidence of several elements of similarities between determinants of the profitability for Islamic and conventional banks. The inflation rate, however, is negatively associated with Islamic bank profitability. Practical Implications The authors conclude that profitability determinants did not differ significantly between Islamic and conventional banks. Many factors are deemed the same in explaining the profitability of conventional as well as Islamic banks. The findings reported in the current paper might be of interest for policy makers. It is recommended to better implement non-financing activities to improve Islamic bank profitability. Originality/value Unlike the previous empirical research, this empirical investigation assesses the issue whether Islamic banks profitability is influenced by same factors as conventional model. It enriches the literature in this regard by considering the specificities of Islamic banking to identify the determinants of profitability. Moreover, this study considers a large sample (51 Islamic banks) through a different selection of countries/banks than previous studies. In addition, the period of study considers the subprime crisis insofar it ranges from 1994 to 2012. Hence, this broader study allows the authors to draw more consistent conclusions.

scholarly journals Analysis of Indonesian Islamic and Conventional Banking Before and After 2008

2016 ◽  
Vol 8 (11) ◽  
pp. 193 ◽  
Author(s):  
Arfianti Novita Anwar
Keyword(s):  
Secondary Data ◽  
Rank Test ◽  
Islamic Banking ◽  
Positive Contribution ◽  
Islamic Banks ◽  
Significant Difference ◽  
Before And After ◽  
Signed Rank Test ◽  
The Law ◽  
Conventional Banks

<p>This study aims to analyze the performance of Islamic banks and conventional banks before and after the implementation of Islamic Banking Act 2008. The performance will be measured using CAMEL ratio selected. This research is considered essential in examining the positive contribution of the application of the Act to improve the performance of Islamic banks in Indonesia. By using secondary data, this study compared the performance of Islamic banks with that conventional bank selected as samples during the study period. Data were analyzed using the Wilcoxon Signed Rank Test for inter-temporal and Mann-Whitney test for inter-bank. Inter-temporal Tests conducted on Islamic Banking showed that a significant difference was only seen in the NPF ratio of 2 years before and after implementation of Islamic Banking Act. As for conventional banks showed a more diverse ie for 1 year before and after the application of the Law on Islamic Banking there are significant differences for the ROA and ROE, two years before and after implementation of the Law Islamic banking there are significant differences for the CAR, ROA, ROE and NIM and for the overall test a significant difference to CAR, ROA, ROE, NIM and efficiency. Inter-bank testing showed that prior to the application of Islamic Banking Act there are significant differences between conventional banks and Islamic banks to CAR, ROA and efficiency. Furthermore, after the application of Islamic Banking Act there is a significant difference for the CAR and LDR / FDR.</p>

scholarly journals Customer Perception Regarding Car Loans in Islamic and Conventional Banking

2012 ◽  
Vol 2 (6) ◽  
pp. 174
Author(s):  
M. Taimoor Hassan ◽  
Mehtab Ahmed ◽  
Muhammad Imran ◽  
Azhar Naeem ◽  
Mudassir Waheed ◽  
...  
Keyword(s):  
Key Words ◽  
Statistical Technique ◽  
Primary Data ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Chi Square ◽  
Customer Perception ◽  
Conventional Banks ◽  
Corporate Customers

Purpose: To see the customer perception regarding car loans in Islamic and conventional banking. Methodologies: This study is based on primary data. These followed by only Bahawalpur corporate customers are taken as the sample research. Firstly the persons have been identified of the selected banks that are the financial affairs of those banks. When these people show their willingness then questionnaire has been filled by them and the required data has been collected. The statistical technique chi-square had been adapted for analysis the data. Findings: Total 120 questionnaires have been distributed among different banks and out of which 104 were get completed and returned. Peoples prefer conventional banks for car loans as compared to Islamic banks.   Key Words: Islamic Banking, Corporate Customer, Car Financing.

scholarly journals Pricing Linkage between Islamic Banking and Conventional Banking: The Case of Bangladesh

2016 ◽  
Vol 3 (4) ◽  
pp. 84
Author(s):  
Sarwar Uddin Ahmed ◽  
Ashikur Rahman ◽  
Samuel Parvez Ahmed ◽  
G M Wali Ullah
Keyword(s):  
Profit Sharing ◽  
Islamic Banking ◽  
Specific Rate ◽  
Islamic Banks ◽  
Loss Mechanism ◽  
Monthly Data ◽  
For Profit ◽  
Significant Difference ◽  
Conventional Banks ◽  
The Relationship

<p><em>Islamic banking is based on profit and loss mechanism where the use of interest is prohibited.  Unlike conventional banks, these banks do not charge a specific rate of interest, rather provides financing in exchange for profit sharing.  However, there are studies claiming that, in practice, Islamic banking is same as conventional banking with regard to the use of interest. It is also claimed that, Islamic deposits are not interest-free, but are closely attached to conventional deposits.  On this background, the objective of this study is to examine the relationship between pricing in Islamic banks vis-à-vis conventional banks by taking the case of Bangladesh. We have used monthly data during the period of 2009-2013. The findings of the study showed that, there is no statistically significant difference between the monthly average lending rates of Islamic banks and conventional banks. However, there is significant difference between deposit rates. The existence of causal relationship was inconclusive, and requires further analysis.</em></p>

scholarly journals Pengaruh Religiositas terhadap Minat Mahasiswa Menabung di Bank Syariah

2021 ◽  
Vol 4 (1) ◽  
pp. 25-35
Author(s):  
Peni Darmisah ◽  
Saiin Saiin
Keyword(s):  
Data Analysis ◽  
Educational Background ◽  
Regression Method ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Remote Areas ◽  
Conventional Banks ◽  
Simple Regression

As students who have an educational background in Islamic Economics, each has a different perception of Islamic Banking. There are still students who compare Islamic banks and conventional banks, a doubt toward the operational saving system, financing or discounting, and the existence of conventional Banks being more affordable than Islamic banks in remote areas. This study aimed to examine the effect of religiosity on students' interest in saving in Islamic banks. This type of research was quantitative with data analysis using a simple regression method. The results showed that the t count was 14,832, and the t table was 1,975 < t count 14,832 with a significance of 0.000 under 0.05. Therefore, it concluded that religiosity significantly affects the saving interest of students at Islamic Banks.

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