scholarly journals Upaya Perlindungan Konsumen terhadap Akad Klausula Baku (Studi pada Pengadilan Agama Makassar Klas IA)

2018 ◽  
Vol 5 (2) ◽  
pp. 187
Author(s):  
Disa Nusia Nisrina
Keyword(s):  
Case Studies ◽  
Financial Institutions ◽  
Subject Matter ◽  
Field Research ◽  
Islamic Banking ◽  
Standard Contract ◽  
Consumer Rights ◽  
Islamic Financial Institutions ◽  
The Subject

Penerapan akad klausula baku semakin banyak seiring berkembangnya berbagai macam bentuk transaksi dalam perbankan syariah dan lembaga keuangan Islam lainya, akad baku masih sering menggunakan klausula eksemsi yang mengandung pembatasan tindakan kepada konsumen dalam melakukan kegiatan bisnis, hal ini sering memicu terjadinya konflik atau sengketa dalam perjanjian. Sehingga, jika terjadi sengketa antara konsumen dengan lembaga keuangan syariah khususnya perbankan syariah maka dibutuhkan peran pengadilan agama dalam melindungi hak-hak konsumen. Pokok masalah yang dikaji dalam penelitian ini adalah bagaimana upaya perlindungan konsumen terhadap akad klausul baku di Pengadilan Agama kota Makassar?. Metode yang digunakan dalam artikel ini adalah lapangan (field research kualitatif) dengan pendekatan teologis-Syari, dan yuridis-normatif, serta studi kasus. Setelah penelitian dan pengkajian dilakukan maka ditemukan bahwa, hakim memiliki upaya korektif untuk memperbaharui akad baku yang memberatkan konsumen dalam menjalankanya, upaya tersebut diharapkan dapat melindungi hak-hak konsumen, diantara bentuk upaya korektif tersebut adalah rescheduling yakni penjadwalan ulang, reconditioning merupakan persyaratan kembali dan restrukturisasi adalah penataan ulangThe implementation of standard contract is increasing as various forms of transactions develop in Islamic banking and other Islamic financial institutions, standard contract still often use exclusion clauses that contain restrictions on actions for consumers in conducting business activities, this often triggers conflicts or disputes in agreement. So, if there is a dispute between consumers and Islamic financial institutions, especially Islamic banking, the role of Islamic courts is needed in protecting consumer rights. The subject matter examined in this study is how to protect consumers against the standard clause contract in the Makassar City Religion Court?. The method used in this article is a field (field research qualitative) with a theological-Syari approach, and juridical-normative, as well as case studies. Upon research and  accomplishment of this study it is found that, the judge has a corrective effort to renew the standard contract which is burdensome for the consumer in carrying out it. The effort is expected to protect consumer rights. Among the corrective efforts is rescheduling, reconditioning and restructuring

scholarly journals Urdu-4 Unilateral Promise & its Application in Islamic Banking and Finance

2021 ◽  
Vol 5 (2) ◽  
pp. 38-52
Author(s):  
Bashir Ahmed ◽  
Muhammad Shahbaz Manj ◽  
Urooj Talpur
Keyword(s):  
Special Reference ◽  
Financial Institutions ◽  
Subject Matter ◽  
Financial System ◽  
Vital Role ◽  
Islamic Banking ◽  
Purchase Order ◽  
Banking And Finance ◽  
Islamic Financial Institutions ◽  
The Subject

Wa’ad means a promise give the impression of an expression of compliance of a person or a group on a particular matter. There are two types of Promise: a unilateral Promise as well as Bilateral promise. This division denotes the nature of binding and undertaking of the subject matter. It is fact the Wa’ad e Bay (Promise to purchase or sale) plays a vital role in the transactions used by Islamic financial institutions. Murabaha to purchase order, Ijarah Muntahia Bittamleek and Diminishing Musharaka are modes of Islamic financial institutions where unilateral Promise is binding with special reference to the views from the Islamic jurists. AAOIFI Shariah standards had mentioned about unilateral Promise and its application in Islamic which reads as fellow: The promise given by the client in the Murabahah transactions 5/1 The promise given by the client in the Murabahah transactions conducted by institutions is legally binding by virtue of item 3/5 of this Standard. This paper is aimed to discuss the binding nature of Wa’ad (Promise) in Shariah Law from both angles; as Diyanata (moral) as well as Qada’a (legal), with the refrence of the modern Islamic financial system.

scholarly journals IMPLEMENTATION OF RAHN IN SHARIA GOLD FINANCING AT MODERN ISLAMIC FINANCIAL INSTITUTIONS (CASE STUDY IN BANK BRI SYARIAH BRANCH OF PEKANBARU).

Hukum Islam ◽  
2018 ◽  
Vol 18 (1) ◽  
pp. 40
Author(s):  
AHMAD MAULIDIZEN
Keyword(s):  
Data Collection ◽  
Financial Institutions ◽  
Field Research ◽  
Islamic Banking ◽  
Financial Industry ◽  
Collection Method ◽  
Data Collection Method ◽  
Islamic Financial Institutions

Islamic Financing Products have started to grow rapidly in the current banking and financial industry at this time. This situation can be seen through the increase of Islamic banking assets for several years, in addition to the inclusion of more institutions offering Islamic products. Sharia Gold Pawn Products is the delivery of marhun (collateral goods) from the rahin (customers using mortgage financing) to the bank as a guarantee of part or all of the debt. This research is field (field research) with data collection method through observation, interview and documentation study in data collection. The author concludes that the application of Rahn's contract on Sharia gold mortgage financing at Bank BRI Syariah has been in accordance with the National Sharia Board Fatwa and there are several things that must be improved so as not to conflict with Sharia principles

scholarly journals THE ROLE OF ISLAMIC FINANCIAL INSTITUTIONS IN SOCIAL INTERMEDIARY SERVICES : EVIDENCE IN METRO CITY

2020 ◽  
Vol 2 (01) ◽  
pp. 80
Author(s):  
Fitri Kurniawati
Keyword(s):  
Product Development ◽  
Development Strategy ◽  
Financial Institutions ◽  
Field Research ◽  
Secondary Data ◽  
Social Institutions ◽  
Primary Data ◽  
Innovative Products ◽  
Islamic Financial Institutions

Islamic financial institutions are expected to be able to implement their roles as financial intermediaries and social intermediaries. But what happened in the city of Metro, the dominance of the contract on the practice of Islamic financial institutions only felt the benefits for the upper middle class. Besides that, innovative products that have not been able to reach the majority of the community are not optimal yet, where in the aggregate most of them are Muslims. So that the presence of Islamic financial institutions is considered the same as conventional, because it has not been able to answer the fundamental problems of society. Due to the limitations of researchers, the Islamic financial institutions that will be examined in this study are some Baitul Maal Wat Tamwil in Metro City. This research was conducted to analyze the strategies, procedures and product development of Islamic financial institutions in their role of social intermediation. Research is a field research with a descriptive analytical approach. Data collected using interview and documentation methods. Primary data was obtained from Islamic financial institutions (BMT) as social intermediaries in the community, namely the management and members of BMT. Secondary data were obtained from journals, research reports, books and articles. The analysis technique begins with data collection and reduction, data presentation and conclusion drawing. The results of this study are the role of Islamic financial institutions in social intermediation, namely as an intermediary that connects the aghniya and dhu'afa. The implementation procedure does not directly get commercial financing, but educational services using the tabarru agreement 'with social funds. Product development strategy, namely: establishing a special division in Islamic financial institutions and collaborating with social institutions around.

scholarly journals Sharia Financial Technology in the Development of Bankable Micro Businesses

2020 ◽  
Vol 11 (6) ◽  
pp. 203
Author(s):  
Nunung Rodliyah ◽  
Recca Ayu Hapsari ◽  
Aditya Mahatidanar Hidayat ◽  
Lukmanul Hakim ◽  
Ade Oktariatas K
Keyword(s):  
Financial Institutions ◽  
Financial Inclusion ◽  
Major Influence ◽  
Islamic Banking ◽  
Financial Industry ◽  
Lower Middle Class ◽  
Islamic Financial Institutions ◽  
Banking Institutions ◽  
Financial Technology

Fintech is one of the drivers of the existence of a movement to improve MSME finance, especially the lower middle class through Islamic financial institutions. The development of digital technology, including in the Islamic financial industry, has had a major influence with the existence of financial technology (fintech), all forms of transactions are faster, easier, and more efficient, without the need to meet in person. Financial technology collaboration with Islamic financial institutions, especially Islamic banking can increase financial inclusion at MSMEs in Indonesia. The implementation of Fintech in the Islamic banking industry will facilitate and bring business players closer, especially MSMEs to access Islamic financial service products offered and apply for financing directly without having to go directly to the branch offices. Such a model, in addition to making it easier for MSME sector business people to gain financial access, can also improve financial inclusion and improve the performance of Islamic banks. Efforts to increase the capacity of micro businesses that were originally unbankable can be increased to bankable. Where the role of related institutions such as banking and fintech, which is currently becoming popular in the community, can contribute and build micro businesses to become more independent and encourage economic development in Indonesia with the collaboration of banking institutions and micro businesses in financing.

scholarly journals PERAN ACCOUNT OFFICER DALAM MANAJEMEN PEMBIAYAAN DI BANK PEMBIAYAAN RAKYAT SYARIAH DAYA ARTHA MENTARI PANDAAN PASURUAN

2019 ◽  
Vol 10 (2) ◽  
pp. 201-220
Author(s):  
Nur Lailatus Sya’adah ◽  
Aslikhah
Keyword(s):  
Financial Institutions ◽  
Financial Institution ◽  
Rapid Development ◽  
Islamic Banking ◽  
Employment Opportunities ◽  
Middle Classes ◽  
Business Units ◽  
Islamic Financial Institutions ◽  
Muslim Communities

In the current era of globalization era , more and more Islamic financial institutions are experiencing very rapid development, especially among Muslim and non-Muslim communities. In Islamic banking, there are various kinds of financial institutions including sharia commercial banks, sharia business units, and  BPRS . One of the financial institutions that we will examine is PT. Bank Syariah Daya Artha Mentari Pandaan, which is an Islamic financial institution that is Islamic in nature and is in line with its mission to mobilize funds so that it can be reached by the lower and middle classes to develop employment opportunities, organize funds so that they can grow and develop well in people's lives and state development. BPRS Daya Artha Mentari Branch Pandaan has a variety of products, especially in terms of financing (lending) and funding (funding).In carrying out a financing of PT. BPRS Daya Artha Mentari Pandaan is carried out by an Account Officer who plays a role in managing financing, namely from the beginning of the submission of funds, disbursement, supervision and settlement of financing. And in a financial institution there is usually a financing that has problems both low and heavy levels. The purpose of this study was to determine the role of Account Officer in financing management at the BPRS Daya Artha Mentari Pandaan. Data collection in this study using observation, interviews and documentation. The location of the research was carried out at PT. BPRS Daya Artha Mentari Pandaan, concluded that the role of an Account Officer in financing management is to carry out the financing process that occurs at PT. BPRS Daya Artha Mentari Pandaan starts from submission, completes financing memo, submits complete requirements (in the form of BPKB guarantee, photocopy of BPKB guarantee, copy of KK, photocopy of marriage certificate, photocopy of STNK, photocopy of SHM certificate) then survey by Account Officer , submitted to the Director, and the last is disbursement. And the Account Officer strategy to overcome the risk of problematic financing is to do rescheduling, give summons when the customer has not paid installments for 3 months, the summons will be given up to the next 3 months and make collateral withdrawals as stated in the contract.

scholarly journals Peran Dan Kompetensi Auditor Syariah Dalam Menunjang Kinerja Perbankan Syariah

2020 ◽  
Vol 4 (2) ◽  
pp. 222-241
Author(s):  
Aulia Putri Oktaviani Jusri ◽  
Erina Maulidha
Keyword(s):  
Financial Institutions ◽  
Islamic Law ◽  
Supervisory Board ◽  
Study Data ◽  
Islamic Banking ◽  
Literature Study ◽  
Internal Auditors ◽  
Islamic Financial Institutions ◽  
Descriptive Approach

The increase in the growth of Islamic banking needs to be supported by the performance of sharia auditors. This study aims to discuss the role and competence of Islamic auditors in supporting the performance of Islamic banking. This type of research uses qualitative methods with a descriptive approach using literature study data. The results of this study indicate that the competencies that must be possessed by sharia auditors include knowledge of Islamic law, fiqh muamalah, skills in accounting and auditing, and special characteristics as sharia auditors. This competence is the key to maximizing the role and competence of sharia auditors to support the performance of Islamic banking. The roles of sharia auditors include as independent auditors, internal auditors, and sharia supervisory board. Sharia compliance tests on Islamic financial institutions are part of the role of the sharia auditor.

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.

Role of Option of Defect in Tenders: A Study under Omani Law

2021 ◽  
pp. 1-17
Author(s):  
Maen Mohammad al-Qassaymeh ◽  
Nayel Musa Shaker al-Omran
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Legal Basis ◽  
Bilateral Contracts ◽  
Governmental Body ◽  
The Subject ◽  
Injured Party

Abstract Option of defect is an important theory regulated in Omani Civil Law. It gives the injured party in bilateral contracts an option to rescind the contract if they find a defect in the subject matter of the contract. This theory is deemed a legal basis to refuse objects of sale by tender. In particular, it is useful when a guarantee that is given to the governmental body is insufficient to cover damages, due to bad performance of the contract. This article discusses how the option of defect is applied to sale by tender in Omani law.

APPLICATION OF AKAD IJARAH ISLAMIC LAW IN THE AL-QUR'AN

ISLAMIKA ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 1-11
Author(s):  
Ade Jamarudin ◽  
Ofa Ch Pudin
Keyword(s):  
Financial Institutions ◽  
Islamic Law ◽  
Financial Institution ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Islamic Banking ◽  
Library Research ◽  
Human Labor ◽  
Leasing Company

Ijarah is a contract on the transfer of goods or services with rewards instead. Ijarah based transactions with the displacement benefit (rights to), not transfer of ownership (property rights), there ijara financing translates as buying and selling services (wages hired), that take advantage of human power, there is also a translate lease, which take advantage of goods. Application ijarah growing financial institutions in the current Shari'ah is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the products in Islamic finance. Application ijarah emerging financial institutions shari'ah 'ah at the moment that is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the Islamic financing products). This research is a library research (library research) and field research (field research), and is descriptive, analytic and comparative. Data sources used in this study are sourced from primary and secondary data. Ijarah transactions are based on the transfer of benefits (use rights), not the transfer of ownership (ownership rights), some translate ijarah financing as the sale and purchase of services (wage wages), i.e., taking the benefits of human labor

Analisis Manajemen Pembiayaan Murobahah BMT

WADIAH ◽  
2019 ◽  
Vol 3 (1) ◽  
Author(s):  
Ryski Pebriana, Rofik Efendi
Keyword(s):  
Financial Institutions ◽  
Financial Services ◽  
Field Research ◽  
Animal Husbandry ◽  
Muslim Community ◽  
Savings And Loans ◽  
Management Function ◽  
Islamic Financial Institutions ◽  
Qualitative Descriptive ◽  
Descriptive Approach

The development of Islamic banking and Islamic financial institutions in Indonesia lately increasing. One reason is the strong belief in the Muslim community that banking and conventional financial institutions contain usury which is prohibited by Islam. The presence of Agritama Srengat Blitar BMT as Syari'ah savings and loans is intended to be a more innovative alternative in financial services, the financing process is also not complicated. The absence of an element of usury to Murabahah financing, and the ease of the process and conditions for financing, does not make more and more bad loans. The approach used in this research is a qualitative descriptive approach, while the type of research is field research, and the method of collecting data is observation, interview and documentation, which is using three steps, data reduction, file presentation and drawing conclusions.The results of this study indicate that: 1). Financing procedures at BMT Agritama Srengat Blitar use 5C analysis (character, capacity, capital, collateral, condition) and take into account a maximum radius of 10 km, but this does not apply to existing customers and customers who get recommendations from partners. 2). The implementation of Murabahah financing management has not been in accordance with the murabaha management function which includes planning, organizing, implementing, and controlling. Where the planning of murabahah financing is devoted to agriculture and animal husbandry, but in practice it is not appropriate, then in the implementation of murabahah financing using a wakalah contract it is signed together with murabahah. And the supervision conducted by BMT Agritama is not routinely visited to the place of business. Keywords : financing manajement, murabahah

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