scholarly journals RELEVANCE OF LEGAL ENTITY BAIT AT-TAMWIL (BT) BASED SYIRKAH FOR ISLAMIC BANK

2017 ◽  
Vol 96 ◽  
Author(s):  
Burhanuddin Harahap . . ◽  
Luthfiyah Trini Hastuti . . ◽  
Solikhah . .
Keyword(s):  
Islamic Law ◽  
Limited Liability ◽  
Primary Data ◽  
Islamic Banks ◽  
Limited Liability Company ◽  
Group Discussions ◽  
Legal Entity ◽  
Islamic Financial Institutions ◽  
Legal Identification ◽  
Legal Entities

This study seeks to study the problems of incompatibility entities which exist in Indonesia.It is not compatible to the existing Islamic financial institutions in Indonesia because of differing philosophies. The problem studied is the barriers faced by Islamic banks regarding the necessity of Islamic banks incorporated limited liability company and the relevance of the legal entity Bait at-tamwil (BT) based syirkah for Islamic banks. Research methods used is an empirical law. It consists of research the legal identification and research on the effectiveness of the law.The type of data are primary data and secondary data.The collection methods with interviews, focus group discussions and literature.Techniques of data analysis in this research use the model interLawive analysis. The results showed that legal entity of the Limited Liability Company for Islamic banks are not suitable to meet the demands as stipulated in Islamic law. The Lawivities of Islamic banks are to meet the demands of sharia standards.Legal entity must be based on Islamic principles.It is not based on the principles of western culture where come from seculer perspective, limited liability company, individual, liberal and capital. Therefore the concept of a legal entity Bait at- Tamwil is very relevant to be legal entities Islamic banks which Islamic banks are really<br />syar'i.<br /><br />Keywords: legal entities, bait at-tamwil, Islamic banks

scholarly journals RELEVANCE OF LEGAL ENTITY BAIT AT-TAMWIL (BT) BASED SYIRKAH FOR ISLAMIC BANK

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Burhanuddin Harahap ◽  
Luthfiyah Trini Hastuti ◽  
Solikhah
Keyword(s):  
Islamic Law ◽  
Limited Liability ◽  
Primary Data ◽  
Islamic Banks ◽  
Limited Liability Company ◽  
Group Discussions ◽  
Legal Entity ◽  
Islamic Financial Institutions ◽  
Legal Identification ◽  
Legal Entities

<p align="center"><strong>ABSTRACT</strong></p><p>               This study seeks to study the problems of incompatibility entities which exist in Indonesia.It is not compatible to the existing Islamic financial institutions in Indonesia because of differing philosophies. The problem studied is the barriers faced by Islamic banks regarding the necessity of Islamic banks incorporated limited liability company and the relevance of the legal entity Bait at-tamwil (BT) based syirkah for Islamic banks. Research methods used is an empirical law. It consists of research the legal identification and research on the effectiveness of the law.The type of data  are primary data and secondary data.The collection methods with interviews, focus group discussions and literature.Techniques of data analysis in this research  use the model interLawive analysis. The results showed that legal entity of the Limited Liability Company for Islamic banks are not suitable to meet the demands as stipulated in Islamic law. The Lawivities of Islamic banks are to meet the demands of sharia standards.Legal entity must be based on Islamic principles.It is not based on the principles of western culture where come from seculer perspective, limited liability company, individual, liberal and capital. Therefore the concept of a legal entity Bait at-Tamwil is very relevant to be legal entities Islamic banks which Islamic banks are really syar'i.</p><p><em>Keywords: legal entities, bait at-tamwil, Islamic banks</em></p>

scholarly journals Fintech Waqaf: Solusi Permodalan Perusahaan Startup Wirausaha Muda

2019 ◽  
Vol 7 (2) ◽  
pp. 111
Author(s):  
Muhamad Nafik Hadi Ryandono
Keyword(s):  
Primary Data ◽  
Research Approach ◽  
Islamic Banks ◽  
Group Discussions ◽  
Start Up ◽  
Islamic Financial Institutions ◽  
Qualitative Descriptive ◽  
Expected Benefits ◽  
Start Ups ◽  
Financial Technology

Money waqaf in Indonesia has a huge potential. Despite the fact, this huge potential has not been organized and utilized optimally by the waqaf management agency. Another problem faced in waqaf money is the difficulties in integrate the system of funding, financing, mauquf alaih, and distribute the beneficiaries. In the present era, waqaf in Indonesia has not been digitalized and has not used the Financial Technology (FinTech) system, so it is less economically and inefficient. The expected benefits of the research are waqaf can be a solution to the capital problems that have been faced by start-up companies which mostly un-bankable. In other side, it hopefully can encourage Nadzir to be involved in growing and developing entrepreneurship for youth starting with establishing a start-up company. This research approach is qualitative descriptive. The data is primary data with data collection techniques namely focus group discussions and interviews. The objects of the research are 30 youth start-ups in Surabaya. The result of study is that money waqf can be an alternative solution of capital problems for youth start-up companies who are un-bankable. The Sharia Financial Technology (SFT) system is a system that capable of integrating nadzir with Islamic Financial Institutions Accep Cash Waqf (IFIACW), funding, financing, mauquf alaih, start-up investors, Islamic Financing Guarantee Institution (IFGI) and Islamic Banks.

scholarly journals Improved Mechanisms Commanditaire Vennootschap (CV) Become A Legal Entity Limited Liability Company (PT)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 837
Author(s):  
Yayah Wariah ◽  
Amin Purnawan
Keyword(s):  
Legal Status ◽  
Private Property ◽  
Descriptive Analysis ◽  
Limited Liability ◽  
Analysis Data ◽  
Company Law ◽  
Primary Data ◽  
Limited Liability Company ◽  
Legal Entity ◽  
Limited Partnership

Principal difference between a limited partnership or known as CV (Commanditaire Vennootschap) with limited liability company (PT) contained in the legal status, because the CV is a partnership that is not incorporated and responsibilities of the board ally itself to a private property. While the Limited Liability Company (PT) is a legal entity liability company and limited responsibilities.The purpose of this study is to investigate and find out the mechanism of change Guild (CV) Become a Legal Entity Limited Liability Company (PT). To investigate and determine Responsibilities of complementary Allies Against Limited Liability Company (PT) established. The method used is normative, descriptive analysis, data collection is done by using primary data and secondary data in the form of primary legal materials, secondary and tertiary as the main data. After the secondary and primary data collected, then conducted a qualitative analysis. Based on the analysis concluded that the mechanism of the change in form of a CV to PT generally refers to the provisions regulating the CV and the provisions governing PT. Responsibility in complementary ally if the legal actions referred to in Article 12 and Article 13 of the Company Law, then the shift right and duty of the complementary allies into the company and legal actions undertaken by the complementary binding partner company.Keywords: Business Entity; Limited Partnership; Limited Liability Company

DEPENDENCE OF THE COMPANY'S LEGAL PERSONALITY FROM THE PERSONALITY OF ITS SHAREHOLDER AS A TREND OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

2021 ◽  
Vol 14 (2) ◽  
pp. 52-58
Author(s):  
MARIETTA SHAPSUGOVA ◽  
Keyword(s):  
Law Enforcement ◽  
Limited Liability ◽  
Complete Separation ◽  
Socialist Economy ◽  
Legal Entity ◽  
Legal Personality ◽  
Long Time ◽  
Law And Legislation ◽  
Market Relations ◽  
Legal Entities

The concept of a legal entity as an independent legal entity, independent distinctiveness of its participants was formed gradually. In the Fatherland Law, it reached its climax in the Soviet era. It was then that such classical features of a legal entity were formulated as organizational unity, property isolation, and independent responsibility. The economic system drove this approach. In a planned socialist economy, an individual could not be the owner of the means of production, and therefore the legal personality of an enterprise was maximally alienated from a person's personality, which was reflected in its characteristics. For a long time, by inertia in Russian law and legislation, this alienation of the shareholder's personality from the legal entity's personality was preserved. The reason for the revision of this approach was the abuse by limited liability participants of legal entities controlled by them, using such a person as a "mask" for their activities and leading to a violation of creditors' interests. In this regard, with Russia's transition to market relations, an interest arose in the foreign theory of corporate law, which developed mechanisms to combat such abuses, studies of corporate forms of a legal entity, and mechanisms for bringing controllers and beneficial owners to justice were updated. The article examines the dynamics of the transformation of a legal entity's theory from dependence to independence and again to its dependence. It is argued that the shareholder's connection with the legal entity is preserved, and complete separation of the legal personality from the shareholder's personality is impossible, which is confirmed by the doctrine, law enforcement practice, and trends in the development of legislation on legal entities.

scholarly journals Collecting Fees for Safekeeping of Collateral: Rules and Applications in the Contemporary Islamic Financial Institutions

2020 ◽  
Vol 9 (1) ◽  
pp. 50-53
Keyword(s):  
Financial Institutions ◽  
Islamic Law ◽  
Market Price ◽  
Point Of View ◽  
Actual Cost ◽  
Islamic Banks ◽  
Maturity Date ◽  
Islamic Financial Institutions

The study aims to examine the Shari’ah legality of whether pledgor or pledgee should take care of collateral (marhun) during the period of the loan. Moreover, the study seeks to provide possible applications for the pledge (rahn) and clarify Shari’ah rules for each application. Malaysian Islamic banks apply pledge products by offering loans (qardh hasan) to the customers and requesting gold assets as collateral against a loan. The banks charge safekeeping fees to keep the gold until the maturity date of the loan. This practice combines loan and sale contracts in a single transaction. Accordingly, the study seeks to evaluate this practice from an Islamic point of view. Islamic law categorizes loans under charity contracts while the sale is categorized under contracts of exchange (mu’awadhat). The nature of the two contracts is different. Therefore, the study examines categories that combine loans and contracts of exchange in one transaction. The results reveal that it is not permissible for the pledgee to charge fees higher than market fees for the keeping of collateral. Charging fees that are higher than the market price is considered riba. According to Shari’ah rules, any kind of benefit derived from a loan is riba and thus it is prohibited. However, charging fees that are comparable to the market price and cover the actual cost for safekeeping of collateral is permissible. According to Islamic Fiqh Academy resolutions and AAOIFI standards, Islamic banks may charge fees for safekeeping of gold collateral considering that fees should be to the market fees and should only cover actual expenses.

scholarly journals Concepts And Features Of The Corporate Contract

2019 ◽  
pp. 121-134
Author(s):  
R.S. Lukashov
Keyword(s):  
Civil Law ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Key Factors ◽  
Legal Entity ◽  
Legal Nature ◽  
The Subject ◽  
Definition Of ◽  
Contractual Structures

The article is devoted to the theoretical and legal analyses of the place of a corporate agreement in the system of civil contracts. The article identifies the key factors that justify a separate place of the corporate agreement among existing contractual structures of civil law. The article deals with scientific views on the concept and legal nature of the corporate agreement, outlines the subject of the corporate agreement, which is concluded between the participants of the legal entity of corporate type, as well as analyzed the latest legislation on the definition of the concept, subject and content of the corporate agreement, which is concluded between the members of the limited liability company.  

scholarly journals Authorized Failure: How is Company Status?

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Fiany Alifia Lasnita ◽  
Muhamad Adji Rahardian Utama
Keyword(s):  
Limited Liability ◽  
Limited Liability Company ◽  
Legal Entity ◽  
Company Limited ◽  
Proof Of Ownership ◽  
Personal Wealth ◽  
A Company ◽  
A Share

The sense of the limited liability company is a legal entity to be able to run a business that has a capital consisting of a share, which its owners have lots of stock. Because it is composed of capital over shares that can be traded, and changes to the ownership of the company can be done without the need for a dissolution of a company. Limited liability company is a business entity and the magnitude of the capital company which are poured in a basic budget. The wealth of the company separate from the personal wealth of the owners of the company so that it can have its own treasures. Each person can have more than one stock which can be a proof of ownership of a company. The owner of the stock itself has a limited liability, i.e. as much as their shares. In the establishment of limited liability company also required permission and also some important documents that should be owned by a limited liability company to be its foundation.

scholarly journals TANGGUNG JAWAB DIREKTUR PT PMA YANG TIDAK MENDAPATKAN PENGESAHAN SEBAGAI BADAN HUKUM DAN SUDAH MENJALANKAN USAHANYA BERDASARKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA (STUDI KASUS PT.X DAN PT.Y)

2019 ◽  
Vol 1 (2) ◽  
pp. 620
Author(s):  
I Gede Putra Wijaya ◽  
Christine S.T. Kansil
Keyword(s):  
Limited Liability ◽  
Foreign Company ◽  
Foreign Investor ◽  
Limited Liability Company ◽  
Foreign Investors ◽  
Legal Entity ◽  
Legal Subject ◽  
Foreign Companies ◽  
Investment Law ◽  
A Company

Foreign investors who want to invest in Indonesia must obey the existing rules, namely the Investment Law No. 25 of 2007. The investment law stipulates that if foreign investors want to do business in Indonesia, the foreign investor must establish a company in the form of a legal entity, namely a limited liability company. Requirements for foreign companies can be said as legal entities that must go through the stages of establishing a company until the company ratified by the Ministry of Law and Human Rights. If a foreign company is not a legal entity, the foreign company is not legal and cannot be considered a legal subject in carrying out business activities in Indonesia. Regarding the liability of the foreign company that is to be borne by the private party not by the shareholders because the foreign company is not a legal entity. It is better if foreign investors want to carry out business activities in Indonesia that the business must be in the form of a legal entity in accordance with the investment law’s order to comply with the applicable rules and foreign investors can carry out their business activities properly.

scholarly journals THE LEGAL ENTITY OF BAITUL MAAL WAT TAMWIL (BMT) AS A MICRO FINANCIAL INSTITUTION IN INDONESIA

2020 ◽  
Vol 2 (2) ◽  
pp. 140-150
Author(s):  
Moh Syaifur Rijal
Keyword(s):  
Legal Status ◽  
Financial Institution ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Conceptual Approach ◽  
Legal Entity ◽  
Non Profit ◽  
The Status

The purpose of this study is to analyze the legal status and accountability of Baitul Maal Wat Tamwil (BMT) as a financial institution in Indonesia, because so far BMT has two main functions,  the first, Baitul Maal as a non-profit institution that distributes zakat, infaq and alms, and the second, Baitul Tamwil is an institution whose function is to collect and to distribute commercial funds. This research uses normative research using a statutory approach and a conceptual approach. The results of this study indicate that the legal status of BMTs so far can only be established with the status of a cooperative or limited liability company. It refers to the characteristics possessed by BMT itself. The form of BMT accountability follows the form of liability that exists in the form of a BMT legal entity, if the loss is caused by the management or organs, the management or organs are jointly and severally responsible, but otherwise if the management or organs can prove then the management or organs are not jointly responsible for the losses incurred by BMT.

scholarly journals Aspek Perizinan dalam Pendirian Perseroan Terbatas dengan Sistem Online Single Submission

2020 ◽  
Vol 1 (1) ◽  
pp. 118-123
Author(s):  
Made Karina Thalia Crisandyna ◽  
I Nyoman Sumardika ◽  
Desak Gde Dwi Arini
Keyword(s):  
Task Force ◽  
Limited Liability ◽  
Secondary Data ◽  
Primary Data ◽  
Limited Liability Company ◽  
Force System ◽  
Regulatory Aspects ◽  
National Task ◽  
Additional Costs ◽  
Goals And Objectives

The acceleration and increase in investment and business needs to be done by implementing an integrated business licensing service online or online single submission (OSS). This study aims to determine the licensing process of establishing a Limited Liability Company with the OSS system and the constraints faced by the directors in OSS and their mitigation efforts. This research is an empirical legal research using empirical juridical approach type and using primary data sources and secondary data. Data collection is done by direct observation in the field and then analyzed using qualitative analysis methods. The results of this study indicate that the licensing process of establishing a Limited Liability Company is carried out online by accessing the OSS website and completing the data as contained in the system. The OSS Institution will then issue an NIB to obtain a Business License and a Commercial or Operational License including to fulfill the requirements for a Business License and a Commercial or Operational License. Furthermore, the obstacles faced in the OSS system are related to regulatory aspects, system aspects, governance aspects, lack of socialization, additional costs in adjusting the goals and objectives of the Limited Liability Company, and accessing them that occur twice, both online and file submission. In the context of overcoming existing obstacles, a task force was formed consisting of the National Task Force, Ministry / Institution Task Force, Provincial Task Force, District / City Task Force, system renewal, seminars and briefing on the OSS system.

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