scholarly journals KESIAPAN PEMERINTAH MENERAPKAN GREEN BANKING MELALUI POJK DALAM MEWUJUDKAN PEMBANGUNAN BERKELANJUTAN BERDASARKAN HUKUM POSITIF DI INDONESIA

Yustitia ◽  
2018 ◽  
Vol 4 (2) ◽  
pp. 119-141
Author(s):  
Muhammad Agus Salim
Keyword(s):  
Financial Services ◽  
Financial Institution ◽  
Field Research ◽  
Secondary Data ◽  
Public Companies ◽  
Library Studies ◽  
Banking Business ◽  
Sustainable Finance ◽  
The Government ◽  
Legal Consequences

The world of banking in Indonesia began to show its concern for environmental problems through various banking activities known as Green banking. Green banking is a program for a financial institution that makes sustainability a top priority in its business. Currently banks that have pledged green banking are required in OJK Regulation Number 51 / POJK.03 of 2017 concerning the Implementation of Sustainable Finance for Financial Service Institutions, Issuers and Public Companies to report on the results of implementing green banking. This writing discusses how the legal consequences of the implementation of green banking for banking business activities in Indonesia after the enactment of POJK Number 51 / POJK.03 in 2017 concerning the Implementation of Sustainable Finance for Financial Services Institutions, Issuers and Public Companies and how OJK conducts supervision. This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and electronic media. The findings of this study are 2 (two) explanations namely First, the legal consequences of the implementation of green banking in banking business activities in Indonesia in realizing sustainable development have not been able to be carried out due to banks and financial services institutions both banks and non-banks do not yet have specific guidelines or references governing this green banking. Second, the obligation for banks that have pledged green banking is to provide insurance for the environment, considering that banking business activities also include insurance referring to Article 7 of the Banking Law. OJK has actually launched environmental insurance, but the Indonesian government has not responded to anything that has been conveyed by the OJK. The reason for the government according to the OJK informants is that the development of a little more would certainly damage the environment, so that environmental insurance is impossible in Indonesia.

scholarly journals Perlindungan Konsumen di Sektor Jasa Keuangan Perbankan

2020 ◽  
Vol 1 (2) ◽  
pp. 122-129
Author(s):  
Irma Sari Permata
Keyword(s):  
Data Collection ◽  
Financial Institutions ◽  
Consumer Protection ◽  
Financial Services ◽  
Banking Sector ◽  
Secondary Data ◽  
Financial Sector ◽  
Consumer Complaints ◽  
Library Studies ◽  
The Government

Financial institutions of the banking sector are one of the financial institutions that serve as the measure of progress of a country. To realize the financial system that grows continuously and stable, and able to protect the interests of consumers and society, the Government established the OJK (Financial Services Authority). This research uses secondary data relating to the level of effectiveness of consumer protection of financial services. Data collection techniques through observation, library studies. The result of this research is the development of consumer complaints in the banking financial sector. It is expected that the research has increased education by conducting socialization on consumers and monitoring and surveying of banks, in order to minimize the mistakes committed by the banking sector.

scholarly journals Discourses of Sustainable Finance Implementation in Islamic Bank (Cases Studies in Bank Mandiri Syariah 2018)

2019 ◽  
Vol 10 (6) ◽  
pp. 108 ◽  
Author(s):  
Lucky Nugroho ◽  
Ahmad Badawi ◽  
Nurul Hidayah
Keyword(s):  
Financial Services ◽  
Research Question ◽  
Secondary Data ◽  
Financial Statements ◽  
Annual Reports ◽  
Financial Products ◽  
Islamic Bank ◽  
Sustainable Finance ◽  
Community Trust ◽  
The Government

The execution of sustainable finance (SF) in Islamic Bank (Sharia Bank) should be fused with financial products and services due to the compatibility of SF programs with Sharia rules. This article points to define the progress of SF implementation in the Bank Mandiri Syariah before the mandatory to implement regulation from financial Services Authority No. 1/POJK. 3/2017. The method used is qualitative and confined with the following research question (1) What is the precedence of the Government in implementing sustainable finance by regulation No. 51/POJK. 03/2017? (2) How is the progress of sustainable financial implementation on sharia banks during the period 2017 to 2018?. According to the results of the study through secondary data from financial statements, annual reports, and the company's internal data. The Bank Mandiri Syariah has implemented SF during 2018 with the well-presented portion of SF financing ratio from total financing amounting to 29.56%. Beside of that Bank Mandiri Syariah also already established the sustainable finance plan for five years (2019-2014). Nevertheless, to increase the community trust in Sharia banks regarding the suitable implement of SF in the future. The Islamic Bank need to ensure the commit from all stakeholders to make sharia products and services that implant in the SF program.

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

scholarly journals Penerapan Alternatif Akad Pembiayaan Haji dan umrah Pasca Peraturan Menteri No 24 Tahun 2016 Pada Bank Panin Dubai Syariah Surabaya

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Fitrotu Aini
Keyword(s):  
Financial Services ◽  
Government Regulation ◽  
Islamic Law ◽  
Secondary Data ◽  
Study Approach ◽  
Left Behind ◽  
Secondary Data Source ◽  
The Government ◽  
The Cost ◽  
Financial Agreement

ABSTRACTHajj as a great symbol of worship. Hajj is the fifth pillar of Islam which is mandatory for every Muslim who are able to da it in accordance with the legal requirement of pilgrimage. One of the legal conditions of Hajj is the capability, capable to cover the cost of the hajj and the family left behind. Panin Bank Dubai Sharia Bank was established based on the regulation of Limited Company No. 12 dated January 8, 1972 by Moeslim Dalidd, a notary in Malang. PT. Bank Panin Dubai Syariah Tbk has been legalized by the Financial Services Authority ("OJK"), in accordance with a copy of the policy of the Board of Commissioners of OJK No. Kep-29 / D.03 / 2016 on July 26, 2016.Therefore, through this research, the writer wants to understand: (1) how is the practice of applying alternative financial agreement of hajj and umrah after the implementation of regulation made by ministry of religious affair No. 24 year 2016 at Panin Bank Dubai Syariah Surabaya branch? (2) What is the analysis of Islamic law on the practice of multilateral contract alternative application in this Bank? Therefore, this study is aimed to, firstly, understand and describe the application of alternative contracts to hajj and umrah after the regulation of Ministry of Religious Affairs No. 24 of 2016 in Panin Bank Dubai Sharia branch Surabaya, and to describe the analysis of Sharia Economic Law about the practice of applying alternative contract in the bank.The method used in this research is qualitative method. The research data are taken in natural situation in Panin Bank Dubai Syariah Surabaya. The data are taken during operational hours using case study approach. Are done through interview technique with the main participant, Assistant Manager 1, and document, archive, book, sample of registration, as secondary data source. The data are analyzed through 3 (three) data deduction, display data and ended with conclusion and verification.The results of the study indicate that the Panin Bank Dubai Sharia runs in accordance with the government regulation No. 24 year 2016 "BPS BPIH is prohibited from providing direct and indirect Hajj money service" including Hajj and Umrah services using various financing products and funds saving, funds collecting in the form of deposits, savings or other forms, using multi-service financing akad wadi'ah, with the savings of hajj services with initial minimum deposit of Rp500,000,and according to customers’ ability. Keywords: hajj, umrah, wadi'ah.

scholarly journals Tinjauan Yuridis Ketentuan Uang Muka di Bawah Ketentuan Peraturan Menteri Keuangan dan Otoritas Jasa Keuangan

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Ardrian Yolanda ◽  
Ali Hanafiyah
Keyword(s):  
Law Enforcement ◽  
Financial Services ◽  
Secondary Data ◽  
Motor Vehicles ◽  
Basic Material ◽  
Applicable Law ◽  
Advance Payment ◽  
Business Financing ◽  
Legal Consequences ◽  
Laws And Regulations

The thesis aims to determine the application of advances in the provisions of the prevailing laws and regulations. And how the legal consequences for violations of the provisions stipulated by regulation of the Minister of Finance No. 43/PMK. 010/2012 concerning advances in consumer financing for motor vehicles in financing companies, and regulation of the Financial Services Authority No. 35/POJK. 05/2018 on the implementation of business financing company. The type of research used in this study is normative juridical law research conducted by examining the library material or secondary data as the basic material to be examined by conducting a search of the rules and literature relating to the investigated issues. The result of this thesis study shows that regulation of the Minister of Finance No. 43/PMK. 010/2012 concerning advances in consumer financing for motor vehicles in financing companies and regulations of the Financial Services Authority No. 35/POJK. 05/2018 concerning the implementation of the financing company is not contrary to the prevailing laws and regulations. However, the regulations have not been implemented optimally in the field, because there are still many violations regarding the promotion of low DP in dealers who have been in cooperation with leasing. In regulation of the Minister of Finance shall apply a 20% advance payment and in regulation of the Financial Services Authority at least 10%. But there are still some leasing that violates the provisions far from the prevailing provisions. The consequences of applicable law in the form of warnings, suspension of business activities, and revocation of business licenses. But because there is no firm supervision in the field make dealers/leasing often commit violations, causing uncertainty in law enforcement.

scholarly journals Akibat Hukum terhadap Penggunaan Air Bawah Tanah tanpa Izin

2020 ◽  
Vol 1 (1) ◽  
pp. 181-186
Author(s):  
I Gusti Agung Gede Catra Artawan ◽  
I Nyoman Budiartha ◽  
I Nyoman Sutama
Keyword(s):  
Research Methods ◽  
Descriptive Analysis ◽  
Field Research ◽  
Soil Surface ◽  
Underground Water ◽  
Legal Research ◽  
Groundwater Exploitation ◽  
Secondary Sources ◽  
The Government ◽  
Legal Consequences

Underground water is water that is contained in a layer of soil or rock below the soil surface. This study aims to determine the government's authority in regulating groundwater permits and what are the legal consequences of violating unlicensed groundwater use. The research was conducted using empirical legal research methods, source of the data which was used are primary and secondary sources of legal materials, methods of collecting legal materials using documentation studies and field research, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that the Government's authority in permitting groundwater is regulated in the Bali Governor Regulation Number 5 of 2016 concerning Groundwater Permits, particularly in Article 3 paragraph (1), it is explained that the Governor has the authority to manage groundwater in CAT in the province. In Article 3 paragraph (2), the authority of the Government (Governor) is reaffirmed, including several things, namely: granting permits for groundwater drilling; give permission to extract groundwater; grant permits for the use of groundwater; granting permits for groundwater exploitation; grant permits to groundwater drilling companies; provide guidance, supervise technical investigations and use of Groundwater. As a result of violations of the use of groundwater by violating the parties in accordance with Article 15 paragraph (1) of Law Number 11 of 1974 concerning Irrigation, it is stated that anyone who deliberately runs water and / or water sources business without permission from the Government is punishable by imprisonment. 2 (two) years and or a maximum fine of Rp. 5,000,000 (five million rupiah).

scholarly journals Urgensi DSN-MUI Sebagai Otoritas Pengawas Syariah Lembaga Keuangan Syariah

2020 ◽  
Vol 10 (1) ◽  
pp. 22-38
Author(s):  
Marlisa Elpira ◽  
Marli Candra
Keyword(s):  
Financial Services ◽  
Financial Institution ◽  
Secondary Data ◽  
Financial Service ◽  
Islamic Banks ◽  
Legal Research ◽  
Financial Problems ◽  
Supervision System ◽  
Supervisory System ◽  
The Ideal

The existence of a sektoral supervisory system in the financial service sektors may lead to disagreements in solving financial problems, which resulting in inefficiency of the supervision. The ideal Islamic financial institution Supervision system is not only in the operational institution aspect, but also includes oversight of compliance to apply the Islamic Principles in all of financial activities, which should be an integral part of the Financial Services Authority (OJK). By using the normative legal research with secondary data were analyzed qualitatively, the author conclude that the position of DSN-MUI as an separated institution from the OJK have some weaknesses: disagreement between the agency authority to DSN-MUI in understanding Islamic financial problems, there are some fatwas can not be absorbed in legislations language, the violations of Islamic principles, DPS are being bound to the bank because of salary, and the not-binding DSN-MUI fatwas to Islamic Banks directly.  Therefor, the presence of OJK as an institution Financial services authority must be equipped with a compotent shariah supervisory structure. Key Words: sektoral supervisory system; Islamic principles; the financial services authority.   Abstrak: Adanya sistem pengawasan sektoral di sektor jasa keuangan dapat menyebabkan ketidaksepahaman dalam memecahkan masalah keuangan yang terjadi, yang berakibat kepada ketidakefisienan pengawasan tersebut. Sistem pengawasan lembaga keuangan syariah yang ideal adalah mengawasi kegiatan operasional lembaga keuangan secara umum sekaligus mengawasi kepatuhan menerapkan prinsip Syariah dalam kegiatan tersebut, di mana keduanya harus menjadi satu kesatuan yang tidak terpisahkan dalam otoritas jasa keuangan yang Islami. Dengan menggunakan metode penelitian hukum normatif yang menggunakan data sekunder yang dianalisis secara kualitatif, penulis menyimpulkan bahwa kedudukan DSN-MUI sebagai lembaga yang terlepas dari lembaga otoritas di sektor jasa keuangan memiliki beberapa kelemahan: ketidaksepahaman antara lembaga otoritas dengan DSN dalam memahami masalah di sektor jasa keuangan syariah, terdapat fatwa yang tidak dapat diserap dalam bahasa peraturan perundang-undangan, adanya pelanggaran prinsip syariah, terikatnya DPS dengan bank yang diawasi dengan adanya biaya transportasi yang menjadi beban bank syariah terkait, serta tidak mengikatnya fatwa DSN secara langsung terhadap bank-bank syariah. Oleh karena itu, kehadiran OJK sebagai lembaga otoritas jasa keuangan harus dilengkapi dengan struktur pengawasan syariah yang kompeten.

scholarly journals Analisis Penilaian Kesehatan Keuangan Lembaga Penjamin Dengan Menggunakan Surat Edaran OJK Nomor 18/SEOJK.05/2018

2021 ◽  
Vol 1 (2) ◽  
pp. 475-486
Author(s):  
Anggraeni Novitasari ◽  
Kristianingsih Kristianingsih ◽  
Hasbi Assidiki Mauluddi
Keyword(s):  
Financial Services ◽  
Financial Institution ◽  
Secondary Data ◽  
Ratio Analysis ◽  
Financial Health ◽  
Financial Reports ◽  
Descriptive Research ◽  
Period 2 ◽  
Research Type ◽  
Category Score

This study aims to analyze the financial health of. the Sharia Guarantee Institution for the period 2014 to 2018 using liquidity ratio analysis, Gearing Ratio, and Profitability using analysis techniques of the Health Level of the Guarantee Company Financial Institution based on theIRegulationIof the Financial Services Authority (SAL SEOJK) Number 18 /SEOJK.05/2018. This research is a descriptive research type, which describes the financial performance of PT Asuransi Jamkrindo Syariah and PT Penjaminan Jamkrindo Syariah. The data research method used in this research. is the documentation method. The type of data used in the research is secondary data, which is obtained from the annual financial reports of PT Asuransi Jamkrindo Syariah and PT Penjaminan Jamkrindo Syariah for the period 2014 to 2018. The results obtained in this study are the level of health at PT Asuransi Askrindo Syariah and PT Penjaminan Jamkrindo. This Sharia falls into a fairly healthy category for five years. Whereas for 2014, PT Penjaminan Jamkrindo Syariah received an unhealthy category level. This is supported by the results of research on 1) the gearing ratio of the two companies that received a very poor category for five years period 2) the performance in the liquidity ratio shows that PT Penjaminan Jamkrindo Syariah received a very poor category in the first two years of the period while PT Asuransi Asuransi Askrindo Syariah received very good category value in five years period 3) the profitability ratio of the two companies, PT Penjaminan Jamkrindo Syariah got a pretty good category in 2014 and got a very good category in the following year period, PT Asuransi Askrindo Syariah got a good category score in 2017 while the other period of the year gets very good category.

scholarly journals The Protection of Adaptation Rights to E-Novels Infringed by the Website in Perspective of Copyright Law

2021 ◽  
Vol 6 (2) ◽  
pp. 213-223
Author(s):  
Inge Dwisvimiar ◽  
Andhima Abdul Ghanny
Keyword(s):  
Technological Development ◽  
Secondary Data ◽  
Copyright Law ◽  
Primary Data ◽  
The Novel ◽  
Library Studies ◽  
Directorate General ◽  
Criminal Charges ◽  
Website Content ◽  
Legal Consequences

Technological development causes infringement to e-book copyright especially e-novel by copying and distributing it without rights for example that is loaded on the website. In line with that, this study aims at explaining and analyzing the protection of adaptation rights for infringement in the form of e-novels by the website in the perspective of copyright law; and explaining and analyzing the legal consequences of the use of the e-novels by the website on the adaptation rights of the creator. This research uses normative juridical research with the approach to applying the laws of UUHC and the case approach in the form of the infringement of the e-novels on the website in www.corongbaca.com. The primary data taken from interview and the secondary data obtained from library studies. The data analyzed qualitatively and descriptively. The result of the study indicates that protection of the creator's adaptation rights from infringement of e-novels by the website in this case has not been realized because the creator who made the e-novel does not get benefit from the adaptation rights of the novel, namely royalties that are distributed based on an agreement with the website then regarding the legal consequences of using e-novels by websites on the author's adaptation rights, there are two consequences that have been carried out, namely: deletion of website content from www.corongbaca.com, and complaints to the Directorate General of Intellectual Property (DGIP), but there has been no follow up on the complaint. As for claims for compensation and criminal charges, the parties did not do so.

scholarly journals ROYALTY OF INDONESIAN SONGS COPYRIGHTS AT YAYASAN KARYA CIPTA INDONESIA ISSUED BY LAW NUMBER 19 OF 2002 ON COPYRIGHTS

2018 ◽  
Vol 3 (1) ◽  
pp. 25
Author(s):  
Luh Putu Sudini
Keyword(s):  
Copyright Protection ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Director General ◽  
Selling Price ◽  
Copyright Holder ◽  
Power Of Attorney ◽  
Research Results ◽  
The Government

This article aims at describing the role of Yayasan Karya Cipta Indonesia (YKCI) in copyright protection in Indonesia and the mechanism of royalty payment on Indonesian songs to the YKCI. The approach used in this study is normative approach as this study is conducted on secondary, primary, and tertiary legal materials, such as books, legal journals, and expert (secondary data) research results; its main legislation is Law no. 19 of 2002 on Copyright (primary data); English and Indonesia dictionaries and tertiary law which is the result of library research, supported by legal materials in the form of documents from field research results. From the collected legal materials, analysis in the method of the qualitative descriptive was conducted. The results indicated that YKCI's role as an administrator body in copyright protection is to collect royalties from parties that use songs or music commercially and help dispute resolution between creators, users or record producers of songs or music creations. Furthermore, the mechanism of royalty payments to YKCI shall be initiated by the authorization of YKCI by the creator or the copyright holder of the song, so on the basis of such power of attorney, YKCI exercises the collection or withdrawal of royalties by a percentage mechanism from the dealer's selling price through a permit saving per song at a rate for recording into a cassette, CD, VCD, and other media. Law Number 19 of 2002 on Copyright should be accompanied by the willingness and ability of the apparatus in enforcing it so that what to be achieved with the Act can be obtained. In addition, it is recommended that the government immediately issue provisions on the roles, duties and functions of the Copyright Council as well as the organic rules that explain the authority of YKCI which may be the appointment of the Director-General of Intellectual Property Rights (IPR) as endorsement of a collective society in order to attract royalties. The government also needs to make a standard contract of licensing agreement between the Copyright of Songs and Music in the event of announcement. In addition, YKCI also needs to be open including to the power of attorney (Creator of the song) so that the Creator can know the frequency of their song announcement and the large royalty that must be obtained.

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