scholarly journals Future Package (FP) Financing Using Murabahah Contract for Pre-Prosperous Families in Bank Tabungan Pensiunan Nasional Syariah (BTPNS) of Solok City

Author(s):  
Risca Mia Audia ◽  
Yaswirman Yaswirman ◽  
Rembrandt Rembrandt

Future Package (FP) financing is one of the products of Bank Tabungan Pensiunan Nasional Syariah (BTPNS). This FP program is aimed specifically at women who want to develop or who want to start a business. Based on observations in the field, after the financing has been provided to customers, there are several customers who have arrears in installments. Thus, it raises discrepancies such as what is regulated in the fatwa of the National Sharia Council (DSN) No. 04/DSN-MUI/IV/2000 concerning Murabahah Contract Financing that the customer must pay the price of the goods agreed upon at a certain agreed period of time. The formulation of the research problems includes: (1) what are the criteria for FP financing for pre-prosperous families? (2) how is FP financing viewed from Islamic law? (3) what are the problems with the FP program? and (4) how does the bank cope with it? This research applies an empirical juridical problem approach in which the source of data is obtained by looking at the legal provisions that are connected with facts in the field. The data types consist of primary data from the field and secondary data from books and literature. Problems with non-current installment payments by some customers started with declining business incomes. Thus, banks must make regular collection efforts and the active role of groups. The suggestion from this research is that customers need to increase their sense of responsibility to pay installments on time.

AL- ADALAH ◽  
2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Rahmi Dewanty Palangkey ◽  
Kasjim Salenda ◽  
Marilang Marilang ◽  
A Qadir Gassing ◽  
Huilili YuXi ◽  
...  

This research is motivated by the failure of thousands of Umrah pilgrims to go to Mecca since 2017 but do not get their rights as consumers. Several facts prove that although regulations related to Hajj and Umrah organizers as well as the Consumer Protection Act have explicitly regulated consumer rights, in reality the pilgrims who are victims of hajj and umrah travel agency fraud are still not getting consumer protection. This research is a descriptive qualitative research using a normative juridical approach. Sources of data used in this study are primary data and secondary data obtained from interviews and document studies. This study concludes that the presence of Law No. 8 of 2019 concerning the Implementation of Hajj and Umrah contains the spirit of upholding consumer protection in the Hajj and Umrah business. However, its success is largely determined by the extent to which the regulator empowers internal supervisors to prevent irresponsible practices of hajj and umrah travel agencies. On this side, unfortunately, the role of guidance, supervision and legal protection carried out by the Indonesian Ministry of Religion as a regulator in protecting Hajj and Umrah pilgrims seems to be still at a very low level.


Author(s):  
Dina Shabrina ◽  
Azmi Fendri ◽  
Frenadin Adegustara

The authority of the notary is very susceptible of legal violations. The role of the supervisory board is very important to maintain the notary profession in carrying out the authority. Law enforcement is urgently needed when a violation arises, in which a troubled notary must be sanctioned. Conducting research in the form of scientific work that studies the following research problems will be interesting: (1) what factors are the cause of legal violations committed by notaries in Padang City? (2) what is the role of the Regional Supervisory Board in preventing legal violations committed by notaries in Padang City? and (3) what actions are taken by the Regional Supervisory Board against the notaries who commit legal violations in Padang City. This study applies juridical empirical approach using secondary and primary data types. The Regional Supervisory Board of Padang City mentioned that the factors causing legal violations committed by the notaries in Padang City are that (1) the notary likes to accept a work that is not in accordance with the date stated in the deed and (2) the notary often does not see the client directly. Legal violations committed by notaries in Padang City can be prevented by conducting socialization and direct observation in the field. The action that can be taken if legal violations committed by notaries occurs is to carry out the inspection process in order to prove whether or not the notary has committed a violation.


2021 ◽  
Vol 1 (2) ◽  
pp. 127-144
Author(s):  
Julianinggar Lusiana Isnaini ◽  
Hapsari Wiji Utami

Digital technology is increasingly fast and easy to create great opportunities for caring action and socio-philanthropic activities. This development has also become a motivation for zakat institutions in order to improve and increase their management activities oriented towards improving strategic management, so that their existence can continue and expand. All opportunities for new strategies and approaches are optimally absorbed and implemented so that they can be carried out without taking long. Coupled with the role of the state as a regulator by making laws and regulations and the implementation of zakat management run smoothly and orderly and further increasing the innovation of zakat management institutions, especially amil in its management, including the distribution of zakat benefits. Using a qualitative literature study research method, the researcher intends to analyze (1) Islamic law studies related to zakat management including distribution and utilization, then formulate (2) zakat empowerment strategies, so that (3) empowerment program designs for the poor are based on MUI Fatwa Number 14. 2011 concerning the Distribution of Zakat Assets in the Form of Managed Assets. Researchers obtained primary data sources through the interaction of online communication media with several devices in zakat institutions when researchers were doing internships. Secondary data comes from journal articles, scientific papers, and papers accessed via the internet. As a result, the preparation of empowerment program planning needs to pay attention to the provisions of the MUI Fatwa Number 14 of 2011 which applies and requires a mature management strategy in all series of activities, coupled with appropriate and competent resources, principles of innovation and full creativity in management so that program design can be realized in accordance with legal provisions regulating the optimal allocation of zakat assets so as to be able to grow an independent generation of dhuafa.


2020 ◽  
Vol 15 (4) ◽  
pp. 36-48
Author(s):  
Hanan Al Madani ◽  
Khaled O. Alotaibi ◽  
Salah Alhammadi

The purpose of this study is to examine the compliance of Islamic Development Bank (IDB) Sukuk with Maqasid Al-Shari’ah (objectives of Islamic law) in relation to human development and well-being. The paper provides a theoretical model explaining how Sukuk can achieve Maqasid Al-Shari’ah by assessing the role of Sukuk in the circulation, development, and preservation of wealth to attain social justice. This study employs a qualitative methodology using an empirical case study. The primary data are collected through elite semi-structured interviews. The secondary data are obtained using a content analysis method from Sukuk’s Principle Terms and Conditions, Information Memorandum and IDB’s annual reports for the period 2007–2017 to explain the structures and features of the Sukuk and examine their compliance with the developed model. The findings indicate that the Medium Term Note (MTN) Sukuk program positively serves the elements of hifth al-mal (safeguarding wealth), showing a direct relationship between the shift of wealth among parties and the compliance of Maqasid Al-Shari’ah. This implies that the investments made by Sukuk would benefit everyone, including individuals, institutions, societies, and the whole country, to achieve human well-being and sustainable development. Nonetheless, the analysis suggests that Shari’ah supervisory boards need to focus more on the substance when structuring Sukuk to help Islamic finance benefit in terms of moving towards the achievement of Maqasid Al-Shari’ah.


Khazanah ◽  
2020 ◽  
Vol 12 (2) ◽  
Author(s):  
Ali Ismail Shaleh ◽  
◽  
Dwika Ananda Agustina Pertiwi ◽  
Fitriatus Shalihah ◽  
◽  
...  

Indonesian Migrant Workers are Indonesian citizens who will and are working abroad, BP2MI and DISNAKER play an active role in channeling PMI abroad, so that in the Covid-19 era there were various policies issued by the government for the protection of PMI in Central Java Province, This study aims to analyze the role of BP2MI and DISNAKER in the protection of PMI in Central Java. As well as to analyze the obstacles faced in the Covid-19 era. This research method uses the Socio Legal approach obtained through primary data sources and secondary data sources which are analyzed using descriptive methods analytical. The results of this study indicate that the Covid 19 epidemic has affected the sending of PMI abroad so that the role of BP2MI and DISNAKER is very urgent in protecting PMI abroad based on Law No. 18 of 2017 concerning PMI protection, the conclusion of this study the government must guarantee protection against every PMI which will be channeled through Central Java Province in the Covid 19 era.


2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Mr Supandi

The objective of the research was to find out the development of cooperatives in Kisaran. The population was all youngsters who lived in Kisaran. The samples were 96 managers of cooperatives that were not youth and dwelled in two subdistricts: Kisaran Barat Subdistrict and Kisaran Timur Subdistrict according to Franck Lynch formula. The data were analyzed by using descriptive percentage analysis in order to find out the role of youth in the development of cooperatives in Kisaran and Shift Share method in order to find out the role of cooperatives in the development of Kisaran. The primary data were gathered by using questionnaires and secondary data were obtained from the related agencies such as the Cooperative, Industry, and Commerce Agency of Kisaran and Central Bureau of Statistics of Kisaran. The result of the descriptive percentage analysis shows as the Agent of Change, they are obliged to improve cooperatives and it is the thing which is done by youth(64.58%). As the Agent of Development, they play an active role in development of cooperatives (68.75%). As the Agent of Modernization, they productively active in marketing cooperatives (68.75%). Therefore, the role of youth influences the development of cooperatives in Kisaran. The result of Shift Share has Proportional shift (P) of 69.76877 which indicates that sub-sector of cooperatives in Asahan Regency has quicker growth than that in the sectors of industry, electricity, gas and drinking water, transportation and communication, and the other services in Kisaran and has Differential Shift (D) of 77.18951 which indicates that sub-sector of cooperatives in Asahan Regency has relatively higher competitiveness than that of the other sectors.


2020 ◽  
Vol 1 (1) ◽  
pp. 26-31
Author(s):  
Anak Agung Galuh Ratna Chyntia Dewi ◽  
I Wayan Wesna Astara ◽  
I Ketut Sukadana

Balinese unmarried women still do not get legal protection in the rights of inheritance. This is because the Hindu community in Bali adheres to the Patrilinial family system that only men are entitled to receive inheritance. In the development of the main assembly of Pakraman village, Bali (MUDP) has taken the initiative to grant the rights of inheritance to women with their parents' property. From the fact, then the research problems are formulated as (1) How the position of unmarried Balinese women in the customary village of Abianbase? (2) How to implement the birthright of unmarried Bali women in the customary village of Abianbase. The research method used is empirical-juridical research implemented by researching the reality in Abianbase customary village and the Supreme Pasamuhan Decree of MUDP III. The data types used are the primary data and the secondary data. Finally it was concluded that the position of unmarried women equals the women’s position on the customary law of Bali. The unmarried woman cannot have a birthright except the right to take advantages of their parents’ inheritance as the cost of living with other heirs. The implementation is, in the traditional village Abianbase after the decree of the main assembly of Pakraman village about the results of Pasamuhan Agung III MUDP Bali, there’ a need for a relatively longer time because it concerns the tradition that has been ingrained in society life.


Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 483
Author(s):  
Jita Zahara ◽  
Arief Cholil

The purpose of this study was to: 1) To understand how the role of the Notary in determining acceptance or cancellation will set out in articles 194 to 209 Compilation of Islamic Law. 2) In order to understand what are the reasons that make a person could fail to get a will, and how the notary in dividing section will treasure for the recipient. 3) To understand what are the barriers and solutions notary role in determining the acceptance and cancellation will. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Based on the results of data analysis concluded that: 1) the role of the notary in determining the acceptance and cancellation will have to go through the will of the testator in which it was agreed between the parties involved, and should be included / dionlinekan in the Minister of Law and Human Rights No. 60 of 2016 on Procedures for Reporting Wills and Testament Application Issuance of Electronic. Because if not then the deed will be listed online does not have a strong legal force. 2) the reasons that make a person could be canceled in the will because a person or institution authorized a treasure will be, but he refused, unable to take advantage of the treasure will as possible, or other things that make him blame and convicted criminal who belong in Article 197 compilation of Islamic Law. 3) barriers and solutions in the division will was that the heirs who assumed that he did not get the part of the will so many of them impede the course of a will, and the solutions that are required in the making of a will should be through consensus among family testator with parties associated therein, which aims to avoid things that sustainable in the future.Keywords: Wills; Cancellation; Reception.


Jurnal Akta ◽  
2017 ◽  
Vol 5 (1) ◽  
pp. 87
Author(s):  
Dessy Andiyaningsih ◽  
Umar Ma’ruf

ABSTRAKPenelitian dengan judul “Pengalihan Hak Tanggungan Pada Perbankan di Kabupaten Banjarnegara” bertujuan untuk mengetahui dan menjelaskan terjadi pengalihan Hak Tanggungan pada perbankan di Banjarnegara, peran Notaris dan PPAT dalam proses pengalihan Hak Tanggungan di Kabupaten Banjarnegara dan hambatan-hambatan dalam pelaksanaan pengalihan Hak Tanggungan pada perbankan dan bagaimanakah solusinya di Kabupaten Banjarnegara. Penelitian ini penelitian kualitatif dengan metode pendekatan secara yuridis empiris. Spesifikasi penelitian deskriptif analistis, data yang digunakan data primer dan data sekunder, teknik pengumpulan data dengan cara pengumpulan data akan dilakukan melalui : studi kepustakaan , wawancara. Analisis data yang digunakan dalam penelitian ini adalah deskriptif kualitatif, artinya dalam penulisan hanya berisi uraian uraian dan tidak menggunakan data statistik.Informasi narasumber yang berhubungan dengan pokok permasalahan dipilih yang berkualitas, yang kemudian disajikan secara deskriptif yang berhubungan dengan masalah yang diteliti.Berdasarkan penelitian dan pembahasan dapat disimpulkan sebab Terjadi pengalihan Hak Tanggungan pada perbankan di Banjarnegara, karena karena penambahan modal dengan kenaikan plafond karena Peralihan pemegang hak tanggungan, Terjadi karena undang-undang, karena peralihan pemberi hak tanggungan. Peran Notaris dan PPAT terkait dengan proses pengalihan Hak Tanggungan di Kabupaten Banjarnegara adalah, membuat akta otentik, Akta otentik dalam pelaksanaan peralihan jaminan Hak Tanggungan adalah Akta Pemberian Hak Tanggungan (APHT). Pembuatan akta APHT harus dibuat oleh Notaris dan PPAT. Hal ini sebagai bentuk dari asas spesialitas dari Hak Tanggungan, Melakukan legalisasi perjanjian kredit, melakukan pengikatan perjanjian, membuat surat kuasa, melakukan pengarsipan untuk menjaga kerahasiaan klien, membantu para pihak dalam melakukan perbuatan hukum dan membantu pemerintah dalam mewujudkan tertib administrasi pendaftaran tanah.Hambatan-hambatan dalam pelaksanaan pengalihan Hak Tanggungan pada perbankan dan solusinya di Kabupaten Banjarnegara adalah hambatan sebelum terjadinya pengikatan, hambatan yang dihadapi Notaris saat terjadinya pengikatan, hambatan yang dihadapai Notaris setelah terjadinya pengikatan, hambatan yang ditemui dalam pelaksanaan peralihan jaminan Hak Tanggungan dari kreditur lama kepada kreditur baru adalah da hambatan terjadi BPN. Adapun solusi yang memungkinkan dilakukan terhadap hambatan-hambatan tersebut adalah; memberikan pemahaman kepada pihak bank agar berkas yang sudah diserahkan kepada notaris benar-benar telah disetujui oleh pihak calon debitur baik bunga maupun biaya administrasi dan asuransi. Solusi terhadap hambatan yang dihadapi notaris setelah terjadinya pengikatan yaitu : mengantisipasi pengingkaran dari debitur terhadap tanda tangan yang pernah dilakukan dihadapan notaris, maka arsip atau berkas yang asli harus dicek dan ditunjukan kepada notaris dan dibawah foto copy KTP debitur, ditandatangani oleh yang bersangkutan. Pihak notaris harus berperan aktif untuk konfirmasi ke BPN tidak hanya menunggu konfirmasi balik dari BPN. Solusi terhadap hambatan yang dihadapi BPN dalam dalam pelaksanaan pengalihan Hak Tanggungan pada perbankan ini masih sangat terbatas SDM dengan cara meningkatkat SDM yang ada di BPH melalui Work shop, seminar-seminar, meningkatkan sarana dan prasarana.Kata kunci : pengalihan hak tanggungan, perbankan, notaris/PPAT ABSTRACTThe study entitled "Transfer of Distribution Right to Banking in Kabupaten Banjarnegara" aims to know and explain the transfer of dependency on banks in Banjarnegara, the role of Notary and PPAT in the process of transferring Mortgage Rights in Kabupaten Banjarnegara and obstacles in the implementation of the transfer of Mortgage to the banking and how is the solution in Kabupaten Banjarnegara. This research is qualitative research with empirical juridical approach method. Descriptive analytical research specifications, data used primary data and secondary data, data collection techniques by means of data collection will be done through: library study, interview. Data analysis used in this research is descriptive qualitative, meaning in writing only contains description of description and do not use statistical data. Informant resource that related to subject matter selected quality, which then presented descriptively related to problem studied.Based on the research and discussion, it can be concluded because there is a transfer of dependency on banking in Banjarnegara because of the increase of capital with the increase of ceiling due to the transfer of the dependent, due to the law, due to the transfer of the dependent giver. The role of Notary and PPAT in relation to the transfer of rights process in Banjarnegara Regency is to make an authentic deed, authentic deed in the implementation of the transfer of guarantee of Mortgage right is the Deed of Assignment Rights (APHT). The making of APHT deed must be made by Notary and PPAT. This is a form of the special principle of Mortgage Rights, Conducting legalization of credit agreements, contracting agreements, creating power of attorney, filing to maintain client confidentiality, assisting parties in performing legal actions and assisting the government in realizing the orderly administration of land registration.Constraints in the execution of transfer of Mortgage Rights to the banking and its solutions in Banjarnegara Regency are obstacles prior to the occurrence of bonding, barriers faced by Notary during the occurrence of bonding, barriers faced by Notary after the occurrence of binding, obstacles encountered in the implementation of the transfer of guarantee of Mortgage Rights from the old creditor to the new creditor is the obstacle occurs BPN. The possible solutions to these obstacles are; provide understanding to the bank that the file that has been submitted to the notary has actually been approved by the prospective debtor both interest and administrative and insurance fees. The solution to the obstacles faced by the notary after the bonding is: to anticipate the denial of the debtor against the signature that has been made before the notary, the original file or file must be checked and displayed to the notary and under the copy of the debtor's ID card, signed by the person concerned. Notary parties must play an active role to confirm to the BPN not only waiting for confirmation back from BPN. The solution to the obstacles faced by BPN in the implementation of the transfer of Mortgage Rights to banks is still very limited by increasing human resources in BPH through Work Shop, seminars, improving facilities and infrastructure.Keywords: transfer of mortgage, banking, notary / PPAT


The practice of pawning is not always in accordance with what is happening on the ground. The implementation of a land mortgage in the village of Betung, Lubuk Keliat District, OganIlir Regency, South Sumatra Province in Indonesia so far has not been in accordance with Islamic Law. In line with this problem, this study aims to find out the rahn system in Betung village, Lubuk Keliat sub-district, OganIlir Regency, South Sumatra Province in Indonesia, and to find out a review of Islamic law on the rahn implementation system in the village. In this study used qualitative data types, with primary data sources obtained using field studies through interviews with some of the wombs and murtahin who carry out rahn or pawn in the village of Betung. While secondary data is taken from documentation and literature relating to the problem under study, then the data collected has been analyzed qualitatively using interpretive deductive analysis instruments. The observations obtained through this research are the pawning system carried out by a part of the Betung village community that is using the use pawn system and trondol which is contrary to rahn.


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