AKIBAT HUKUM PENDIRIAN LEMBAGA KEUANGAN MIKRO OLEH BADAN HUKUM KOPERASI

2018 ◽  
Vol 4 (1) ◽  
pp. 35-50
Author(s):  
Zakiah Noer

This research is underlined by the existence of cooperative business activities which collect and distribute funds over its members, and also to its non-members. In order to avoid the violation of the provisions in Act No. 25 Year 1992 about Cooperatives, cooperative has established a microfinance institution (MFI) which called as Cooperative MFI. The establishment of microfinance institutions causes the legal consequences on several aspects because of the different regulations between Cooperative and MFI according Act No. 25 Year 1992 about Cooperatives and Act No.1 Year 2013 about Microfinance Institutions

2020 ◽  
Vol 16 (1) ◽  
pp. 1-14
Author(s):  
Paramita Prananingtyas ◽  
Hari Sutra Disemadi

The presence of types of financial institutions in Indonesia makes it easy for people to choose which financial services they need. Micro Waqf Bank is one of the Microfinance Institutions that applies sharia principles that are currently growing and developing. However, there are legal issues related to arrangements for organizing a Micro Waqf Bank with a cooperative legal entity, namely, there are two overlapping regulations, namely the Microfinance Institution legislation, and Cooperative regulations. The purpose of this study is necessary to find out whether the legal consequences arising in the process of establishment, implementation, or if there are problems encountered by Mikro Waqf Banks as a Sharia Microfinance Institution incorporated as a cooperative. This study uses a normative legal research method with a statutory approach and conceptual approach. This study shows that the dualism of Micro Waqf Bank arrangements gives rise to contradictions in the arrangements for the establishment, guidance, and supervision. The existence of this dualism of regulation also gives rise to legal consequences in the establishment of a Micro Waqf Bank incorporated as a cooperative. The legal consequences are related to the broader aspects of business activities based on MFI regulations compared to cooperative regulations. Legal consequences related to capital aspects that require Micro Waqf Banks have a certain amount of capital by MFI regulations. Then from the aspect of coaching and supervision in which there are an examination and evaluation, there is also a dualism which in the regulation of the function of the cooperative is carried out by the Ministry of Cooperatives but the existence of the MFI regulation of the fostering and supervision function is under the authority of the Financial Services Authority.


2020 ◽  
Vol 3 (2) ◽  
pp. p47
Author(s):  
Ntieche Adamou ◽  
Forbeneh Agha Jude ◽  
Mbondo Georges Dieudonné ◽  
Bilguissou Abba

The purpose of this study is to determine the influence of socioeconomic characteristics of borrowers on microcredit repayment behaviour. The results of Probit regression statistical analysis using a database of 1805 individual loan contracts, credit records and follow-up files from 2007 to 2014 period by Community Credit of Africa (CCA) in Cameroon, reveal that educational level, awareness about the location of business and/or home of borrowers by the lender, sector of activities, availability of collateral, income stability, and personal wealth of borrowers have a statistically significant influence on microcredit repayment behaviour of borrowers. The outcome of the results shows that microfinance institutions should not only rely on financial indicators to assess the creditworthiness of borrowers. Other factors belonging to the social and economic characteristics of the borrowers are supposed to be integrated in credit risk models. These factors are sought to influence significantly microcredit repayment behaviour of borrowers.


Author(s):  
Nhung Thi Hong Vu

Microfinance as argued in recent literature is not a panacea for poverty reduction as it was expected. The poor may need support from various ranges of non-financial services including business development services and social services alongside microfinance services. The main aim of this chapter is to provide policymakers and practitioners some discussions on the pros and cons of integrating non-financial services together with microfinance services. This chapter proposes a framework of both positive and negative effects of providing non-financial services on microfinance institutions and clients. A case study of offering non-financial services in a microfinance institution in Vietnam provides both quantitative and qualitative evidence of effects on the microfinance institution and its clients.


2012 ◽  
Vol 16 (01) ◽  
pp. 93-114 ◽  
Author(s):  
Rochman Achwan

The Fountain of Love Credit Union (FLCU) is a rare example of a vibrant microfinance institution in Indonesia. Located at the heart of a hostile inter-ethnic society in the province of West Kalimantan, the FLCU invents unique types of social capital and financial organization that bolster its unparallel financial performance. In recognition of this achievement, the Indonesian government presented the FLCU with the 2005 Award for Small-Medium Corporate Excellence. Decades of inter-ethnic hostility inspired school teachers to establish the FLCU in 1987. They dreamt of creating a big microfinance institution and promoting the economic well-being of the Dayak ethnic group. The Dayak, one of Kalimantan's two largest ethnic groups, defines itself as disadvantaged. A sense of grievance evolving around these issues culminated in a series of ethnic conflicts. Today, after more than two decades of operations, the FLCU has not only won the trust of most Dayak people but also inspires other ethnic groups to establish microfinance institutions. This environment has allowed unique types of social capital and financial organization to flourish. The Fountain of Love Foundation (FLF), the parent organization of the FLCU, has set up a variety of social and economic organizations. They work in partnership with the FLCU in all aspects of its business, from recruiting, disciplining, and empowering clients to weaving organizational networks with other microfinance institutions. The latter plays a vital role in curbing the penetration of modern micro banking in the province. The FLF, therefore, has become an ethnic-based conglomerate in which the FLCU functions as one of its driving forces. However, the FLCU faces a number of hurdles. Almost all FLCU clients, in rural and urban areas, are of the Dayak ethnic group. From organizational and policy points of view, the legal status of the FLCU is vulnerable as its assets grow beyond the mandatory requirement of the current banking law.


2021 ◽  
pp. 59
Author(s):  
Ni Luh Karmini ◽  
I Ketut Sutrisna

The objectives of this study are 1) Knowing the community's perception of the existence of a microfinance institution (LKM) in Pemecutan Kelod Village, 2) Describing the factors that hinder the existence of a microfinance institution (LKM) in Pemecutan Kelod Village. The data analysis used in this research is descriptive qualitative analysis, which is research that aims to accurately describe the properties of an object, condition, symptom or group to determine the frequency of the relationship or influence between a symptom and other symptoms in society. Its purpose is to create a systematic picture. Based on the results of the study, it can be concluded that the community states the importance of the existence of microfinance institutions to improve the community's economy and requires experienced, properly educated and honest managers. The suggestion conveyed in this research is that it is necessary to initiate the establishment of a microfinance institution in the banjar in Pemecutan Kelod Village and to recruit experienced, educated and honest managers so that they are trusted by the community.


2020 ◽  
Vol 2 (1) ◽  
pp. 15-28
Author(s):  
Nandang Ihwanudin ◽  
Handri Handri ◽  
Deden Gandana Madjakusumah ◽  
M Munir Asrori

Purpose- Akad tijarah as a form of trade agreement has several types, in which needs to be adjusted to each necessity. It is important for related parties to understand what and how akad ijarah works. This article analyses how far the contribution of an Islamic microfinance institution (LKMS) nowadays, considering there are nash (Al-Qur’an and Al-Hadits) and also fatwa the national sharia council (DSN) MUI. Methods- Case studies and literature reviews are used to evaluate sharia business practices in BMT. Findings- Sharia microfinance institutions, in this case, BMT TUMANG, have carried out sharia principles in practice, especially for tijarah agreements with documents in the form of SOM and SOP as well as financing contracts (agreements), both in the principle of sale and profit-sharing. Implications/Limitations- This study is limited to one branch of the BMT so it cannot describe the overall practice carried out in other regions.


2018 ◽  
Vol 20 (2) ◽  
pp. 295-314 ◽  
Author(s):  
Arabiyani Arabiyani

Pasal 18B ayat (1) UUD Tahun 1945 memberikan legitimasi terhadap Qanun Aceh No. 3 Tahun 2013 tentang Bendera dan Lambang Aceh yang merupakan hasil kesepakatan Pemerintah Indonesia dengan GAM. Hal ini kemudian dituangkan ke dalam Undang-Undang No. 11 Tahun 2006 tentang Pemerintahan Aceh. Permasalahannya adalah materi qanun tersebut dianggap bertentangan dengan Peraturan Pemerintah No. 77 Tahun 2007. Pemerintah Pusat menghendaki perbaiki terhadap beberapa materi qanun, namun pihak Pemerintah Aceh dianggap menyalahi MoU Helsinki. Rumusan masalah kajian ini sebagai berikut: Pertama, apakah landasan pemikiran lahirnya Qanun Aceh No. 3 Tahun 2013 tentang Bendera dan Lambang Aceh? Kedua, apakah akibat hukum dari adanya Pasal 246 ayat (2), dan ayat (4) serta Pasal 247 Undang-Undang No. 11 Tahun 2006 tentang Pemerintahan Aceh? Ketiga, apakah akibat hukum adanya Qanun Aceh No. 3 Tahun 2013 tentang Bendera dan Lambang Aceh? Hasil penelitian sebagai berikut: Pertama, menemukan landasan pemikiran lahirnya Qanun Aceh No. 3 Tahun 2013 tentang Bendera dan Lambang Aceh terdiri dari Pasal 18B UUD Tahun 1945 serta perumusan Pasal 246 dan Pasal 247 Undang-Undang No. 11 Tahun 2006. Kedua, bahwa akibat hukum dari adanya Pasal 246 dan Pasal 247 berlaku dan sah untuk diterapkan melalui pembentukannya Qanun Aceh. Ketiga, konsekuensi yuridis adanya Qanun Aceh No. 3 Tahun 2013 berlaku secara yuridis dan dapat ditindaklanjuti oleh Pemerintah Aceh karena sudah diundangkan dalam lembaran daerah. Tentu sudah berlaku secara otomatis karena pada saat disahkan oleh Gubernur Aceh selaku Kepala Pemerintah Aceh dan DPRA secara serta merta diundangkan dalam lembaran daerah Pemerintah Provinsi Aceh. Legal Certainty of Qanun Aceh Number 3 Year 2013 On Flag and Symbol of Aceh  The 1945 Constitution Article 18B paragraph (1) gives legitimacy to the Aceh Qanun Number 3 of 2013 on the Flag and the Symbol of Aceh which is the result of the Government of Indonesia's agreement with GAM. This is then poured into Law Number 11 Year 2006 regarding Aceh Government. The problem is that the Qanun material is considered to be contradictory to Government Regulation Number 77 of 2007. The central government wants to improve on some of the Qanun material, but the Government of Aceh is considered to have violated the Helsinki MoU. The formulation of the problem as follows: First, what is the basis of thinking the formulation of Aceh Qanun Number 3 of 2013 on the flag and the symbol of Aceh? Second, what are the legal consequences of the existence of Article 246 paragraph (2), and paragraph (4) and Article 247, Law Number 11 Year 2006 regarding Aceh Government? Thirdly, what are the legal consequences of Aceh Qanun Number 3 of 2013 on the Flag and the Symbol of Aceh? The results of the research are as follows: First, find the foundation of the thought of the birth of Aceh Qanun Number 3 of 2013 on the Flag and the Symbol of Aceh consists of Article 18B of the 1945 Constitution and the formulation of Article 246 and Article 247 of Law Number 11 Year 2006. Second, the existence of Article 246 and Article 247 is valid and valid to be implemented through the establishment of Aceh Qanun. Thirdly, the juridical consequences of the Aceh Qanun Number 3 of 2013 are valid in juridical manner and can be acted upon by the Government of Aceh as already enacted in the regional slabs. Of course already valid automatically because at the time passed by the Governor of Aceh as Head of the Government of Aceh and DPRA is immediately promulgated in the sheet area of Aceh Provincial Government.


2021 ◽  
Author(s):  
Arneil Garcia Gabriel ◽  
Jeff B. Suyu ◽  
Jennifer G. Fronda ◽  
Vilma Ramos

Abstract The backbone of the economy of a developing country like the Philippines is its small and medium enterprises relying on soft loans provided by microfinance institutions. To assess the level of satisfaction of microfinance borrowers on the services of microfinance institution and their services as well as its impact to the business, personal and financial status are necessary for the continued operation of this industry. The objective of this study is to measure the customer level of satisfaction of the services of a microfinance institution in the Philippines and determine its impacts on the customers’ small scale business. The study used a mixed of qualitative and quantitative research methods to gather data and analyze them. The study found that the micro finance institution is giving its borrowers quality services as manifested by a very satisfied rating to the four services provided. It was also described that the institution is positively bringing impact on its borrowers’ business, personal & financial status as manifested by a high and very high impact on the two variables. The study finally revealed that the profile of the customers has significant relationship with the level of satisfaction and impact to business of its borrowers while some areas of services have to be revisited to prevent customer dissatisfaction as there are signs showing low level of satisfaction.


2021 ◽  
Vol 9 (3) ◽  
pp. 289-300
Author(s):  
Alemayehu Taddese

Different industry-specific and macro-economic factors influence the capital structure of microfinance institutions (MFI). So, the objective of this study is to identify industry-specific determinants of capital structure with the selected branch of Sidama MFI, Sidama region, Ethiopia. To this end, the researcher employed a quantitative research approach with an explanatory research design where the effect caused by the independent variable on the dependent variable is observed through regression analysis. The secondary data were collected from Sidama MFIs consolidated and audited financial statements from 2009 to 2019 G.C. Then, both descriptive and inferential statistical analysis has been done. The researcher employed a regression analysis model to identify the effect of five explanatory variables on capital structure measured through debt to equity ratio. Thus, the result of regression analysis showed that out of five independent variables incorporated in the model, all five variables such as growth (negative), profitability (positive), firm size (positive), earning volatility (positive), and asset tangibility (positive) and statistically significant respectively. This study recommends that the microfinance institutions at all company levels improve debt capacity in proportion to asset tangibility more than the current status.


Author(s):  
Kefiyalew Belachew Bayu ◽  
Dagnachew Abera Hunde

The ability of MFI's to formulate and adhere to policies and a procedure that promotes credit quality and curtails non-performing loans is the means to survive in the stiff competition. Inability to create and build up quality loans and creditworthy customers lead to default risk and bankruptcy as well as hampers economic growth of a country. This study of credit screening– A Case Study on Microfinance Institution in South West Ethiopia, Jimma Town is an attempt to indicate the criteria that MFI’s should take in credit screening. Thus, the rationale behind for undertaking this study is to deeply examine and screen the credit criteria and to suggest the possible solutions that enable the MFI’s to run its operation most safely as credit is known to be the mainstay of all MFI. For the study, both primary and secondary data were used. Primary data was collected using structured questionnaires and in-depth- interview and Qualitative approach were adopted. Hence, the nature of the study is descriptive and it is related to qualitative analysis method. The census or total universe inquiry method was applied since the study is the easily manageable and the total number of population in the MFI was less than 30. Finally, based on the findings possible recommendations were given. These include the issues impeding loan growth and rising loan clients complaint on the MFI regarding the valuing of feature offered for collateral, lengthy of loan processing, amount of loan processed and approved, loan period as well as the amount, and discretionary limits are currently affecting the performance of credit screening and management.


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