JURIDICAL NORMATIVE REVIEW OF CONVERSION CONVENTIONAL BANKS INTO ISLAMIC BANK AFTER THE PROMULGATION OF QANUN ACEH CONCERNING SHARIA FINANCIAL INSTITUTIONS

2020 ◽  
Vol 3 (2) ◽  
pp. 113-126
Author(s):  
Fahrul Fauzi
Keyword(s):  
Financial Institutions ◽  
Islamic Banks ◽  
Literature Study ◽  
Islamic Bank ◽  
Islamic Financial Institutions ◽  
Conventional Banks ◽  
Conventional Bank

Nowadays, Islamic banks in Indonesia continue to experience growth, one of which is in the Province of Nanggroe Aceh Darussalam. In Aceh, in order to support Islamic financial institutions, Qanun No. 11 of 2018 concerning Islamic Financial Institutions has been formed. It is interesting to review the provisions of Article 65 which reads "When this Qanun comes into force, financial institutions operating in Aceh must adjust to this Qanun no later than 3 (three) years from the enactment of this Qanun". These provisions have an impact on every conventional bank in Aceh that must adjust to Islamic principles. In order to continue to run its business activities in Aceh, conventional banks must make adjustments to implement sharia principles. One form of adjustment is to convert conventional banks into Islamic banks as stipulated in the OJK Regulation Number 64/POJK.03/2016. The approach used by the author in analyzing this problem is a normative juridical approach supported by the literature study method.

scholarly journals KONTRUKSI AKAD MUDHÂRABAH DALAM FATWA DEWAN SYARIAH NASIONAL-MAJELIS ULAMA INDONESIA NOMOR: 03/DSN-MUI/IV/2000 TENTANG DEPOSITO

2020 ◽  
Vol 1 (1) ◽  
pp. 61-79
Author(s):  
Panji Adam Agus Putra
Keyword(s):  
Financial Institutions ◽  
Research Method ◽  
Legal Status ◽  
Islamic Banks ◽  
Literature Study ◽  
Fund Manager ◽  
Investment Funds ◽  
Islamic Bank ◽  
Islamic Financial Institutions ◽  
Multi Level

Deposits in Islamic banks are investment funds based on mudhârabah agreements or other contracts that are not in conflict with Islamic principles. This is stated in the DSN-MUI fatwa No: 03 / DSN-MUI / IV / 2000 Concerning Deposits, where the Islamic bank acts as the fund manager and the customer is an investor. In the level of implementation, the fund manager (mudhârib) re-invests or re-mudhârabah, then there is a multi-level mudhârabah contract which the islamic jurist has debated its legal status. The research method based on the normative juridical approach with the specification used is analytical descriptive and the data collection method used is literature study. Takyif fiqh and contract construction in sharia deposits, according to the author that the contract used in the implementation of the National Sharia Council No: 03 / DSN-MUI / IV / 2000 Concerning Deposits is mudhârib yudhârib contract; mudhârib al-wasȋth or commonly called mudhârabah birthday. In this case the Islamic bank in addition to being domiciled as mudhrib (in the first mudhârabah contract), the Islamic bank was also at the same time as shâhib al-māl (in the second mudhârabah contract). Based on the opinion of the rajj (superior) among the scholars, the law of carrying out a multilevel mudhârabah agreement or commonly referred to as mudhârib yudhârib (re-mudhârbah) is permissible based on two considerations, namely consideration of 'urf / habit (in this case the habits in the Islamic financial institutions) ) and the concept of absolute mudhârabah.Keywords: mudharabah contract, deposit, DSN-MUI fatwa

scholarly journals Late Payment Penalty: Ta’widh And Gharamah Imposed To Debtor From The Shariah Perspective

Yuridika ◽  
2019 ◽  
Vol 35 (1) ◽  
pp. 187
Author(s):  
Zuhaira Nadiah Binti Zulkipli
Keyword(s):  
Financial Institutions ◽  
Advisory Council ◽  
Islamic Banks ◽  
Applicable Law ◽  
Islamic Financial Institutions ◽  
Conventional Banks ◽  
Debt Payment

Islamic financial institutions had face problems and barriers such as the problem of delayed financing settlement (for any reason), where it is not possible to impose any interest due to the delay or the cessation of settlement which practiced in conventional banks due to riba’ prohibited (haram) in Shariah principles. This situation is more detrimental when some customers who purposely delay payment of their debts or purposely refuse to pay due to the absence of rules concerning penalty for late payment in Islamic banks. As a result, the Islamic banks had fail to achieve their targeted profits when the problem of debt payment occurs, the Islamic banks have to bear all the losses and finally face difficulties in achieving sustainability and lose out in their efforts to compete with the conventional banks which accept time-based interest for every default late payments of debts. This study aims to discuss the permissibility of late payment charges by way of ta’widh and gharamah from the Shariah perspective and to find the applicable law in Malaysia. Besides, the implementation of ta’widh and gharamah can be described as in the resolutions of the Shariah Advisory Council of Bank Negara Malaysia (SAC). Further, it will elaborate on how related this late payment charges with the concepts of Shariah, Maqasid of Shariah and Maslahah according to judgement of the fundamentals of the Islamic Jurispendence. Lastly, it will also discuss on how the imposition of ta’widh and gharamah is different from riba for deferred debts in Islamic financial institutions.

scholarly journals Tantangan Konversi Bank Konvensional Menjadi Bank Syariah di Aceh Berdasarkan Qanun Lembaga Keuangan Syariah No 11 Tahun 2018

2020 ◽  
Vol 3 (2) ◽  
pp. 229
Author(s):  
Rahmawati Rahmawati ◽  
Khairul Putriana
Keyword(s):  
Financial Institutions ◽  
Banking Industry ◽  
Financial Institution ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Banking Institutions ◽  
Conventional Banks ◽  
Conventional Bank

<p><em>The presence of the Islamic Financial Institution Qanun No 11 </em><em>in </em><em>2018 is a special right for Aceh and has brought a breath of fresh air to the development of the Islamic banking industry in Aceh, a number of conventional banks in Aceh are required to convert to Islamic banks, The purpose of this study is to explain the procedure for accelerating the conversion of unconventional banks to Islamic banks in Aceh and to explain the challenges of banking institutions with the obligation to convert financial institutions in Aceh. The obligation to convert a conventional bank into a sharia bank is clearly as stipulated in article 6 points e and d, although the process of converting a conventional bank to a sharia bank is not found directly in the qanun, but every bank that does the conversion must refer to BI regulations namely PBI No. 11 / 15 / PBI-2009, this is as explained in article 12 "before carrying out business activities, LKS must have a business license in accordance with the provisions of the legislation".</em></p><br /><p> </p>

scholarly journals Does the Principle of Running a Business in Conventional Vs Sharia Become Differentiator? Study on Banking Industry in Indonesia 2009 - 2014

2016 ◽  
Vol 8 (2) ◽  
pp. 116
Author(s):  
Ahmad Adriansyah ◽  
Fathoni Zoebaedi ◽  
Ramzi A. Zuhdi
Keyword(s):  
Early Development ◽  
Banking Industry ◽  
Development Stage ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Significant Difference ◽  
Research Questions ◽  
Conventional Banks ◽  
Conventional Bank

Comparing to conventional bank, Islamic banking industry in Indonesia relatively still in the early development stage. Islamic bank is different with conventional bank, and therefore there is a special regulation for Islamic bank. Research conducted in 22 countries (including Indonesia), shows that Islamic banking and has differences with conventional banking in term of business orientation, efficiency, asset kuality and stability. But other research 13 countries (not including Indonesia), show that Islamic banking’s performance is lower than conventional banking (Ariss, 2010). Islamic banking in Indonesia has a unique characteristic. Most of Islamic banking in Indonesia is converted from conventional bank, owned by conventional bank or originated from a conventional bank. Some resource of Islamic bank comes from conventional banking even some of them still using resource from their conventional bank as their parent. This result raises a question, whether in the context of Islamic banking in Indonesia, its performance is significantly different from conventional banks. To answer the research questions above, we do a t-test on ROA and ROE Islamic banks and conventional banks from 2009-2014. The results showed that there was no significant difference between the financial performances of Islamic banks with conventional banks, except for 2014. In 2014 Islamic bank’s ROE is lower than conventional banks. This research opens the opportunity to study the factors that could cause a difference in the performance of Islamic banks vs conventional banks.

scholarly journals Tinjauan Fikih Muamalah Atas Produk Jasa Berbasis Ujrah (Fee Based Services) Bank Konvensional (Sampel Produk Bank Mandiri dan BCA)

2018 ◽  
Vol 19 (2) ◽  
pp. 144-168
Author(s):  
Muhammad Nurul Alim
Keyword(s):  
Point Of View ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Conventional Banks ◽  
Financial Transactions ◽  
Conventional Bank

Review of Fikih Muamalah on Products of Conventional Bank’s Fee-Based Services (Sample of Bank Mandiri and BCA Products). Although Islamic banks offer products of services which have the same kind and purpose as those are offered by conventional banks, most Moslems in Indonesia have not loyally make use all Islamic bank products for their financial transactions. Should the exercise of conventional bank’s services’ products be unavoidable, Moslems must be able to select and decide either the services are legal or illegal. This paper will study the fikih muamalah point of view on the conventional bank services that the customers will not fall in the usury transactions.

scholarly journals IMPLEMENTASI FATWA DSN-MUI NO: 86/ DSN-MUI/ XII/ 2012 TENTANG HADIAH DALAM PENGHIMPUNAN DANA

2019 ◽  
Vol 1 (1) ◽  
pp. 23-44
Author(s):  
M. Ridwan Setiawan ◽  
Rahmawati Rahmawati ◽  
Wahidin Wahidin
Keyword(s):  
Financial Institutions ◽  
Third Party ◽  
Islamic Banks ◽  
The Third ◽  
Sharia Law ◽  
Islamic Financial Institutions ◽  
Conventional Banks

The fatwa of the DSN-MUI is the answer issued by the National Sharia Council-Indonesian Ulama Council (DSN-MUI) as an explanation of the sharia law for people who ask questions about problems in the field of Islamic economics. The goal is that sharia principles in the fatwa be implemented in contracts for Islamic Financial Institutions (LKS). However, public statements often arise that giving gifts to Islamic banks and conventional banks is the same as the scheme and method of giving. This study aims to see how the mechanism and suitability of DSN-MUI fatwa No: 86 / DSN-MUI / XII / 2012 concerning Prizes in Fundraising (Study at Bank Muamalat KCP Parepare). The results of the research can be stated that at Muamalat bank, KCP Parepare has two savings programs with prizes, the first is prizes with prizes, customers deposit funds in the amount set by the bank for a predetermined period of time, second savings plan with prizes, customers deposit money at the beginning of the amount of money that has been determined by saving each month in the amount determined by the bank, the greater the amount of money saved the greater the number of prizes received. In the DSN-MUI fatwa related to the awarding of prizes there are 3 provisions related to this, namely the first provision related to prizes, the two provisions relating to the determination of receipt of implemented prizes according to fatwa, third not the provisions concerning prizes in deposits of Third Party Funds (DPK) all points in this fatwa implemented specifically on the third point that reads should not be the norm (habit, 'urf), that the' urf or custom prohibited by DSN-MUI in the fatwa prize aims to avoid changing intentions from the customer, intention to save become the desire to get something without effort.

The determinants of the choice of Islamic banks in Tunisia

2016 ◽  
Vol 34 (5) ◽  
pp. 710-730 ◽  
Author(s):  
Moez Ltifi ◽  
Lubica Hikkerova ◽  
Boualem Aliouat ◽  
Jameleddine Gharbi
Keyword(s):  
Financial Institutions ◽  
Demographic Characteristics ◽  
Islamic Finance ◽  
Islamic Banks ◽  
Content Type ◽  
Islamic Bank ◽  
Gender And Age ◽  
Islamic Financial Institutions ◽  
Selection Of

Purpose – The purpose of this paper is to determine the explanatory factors for the selection of Islamic banks and evaluate the moderating role of demographic characteristics. This study seeks to better understand these determinants in Tunisia, a country with a developing Islamic finance system and a culture different from those in other Muslim countries studied in the literature. Design/methodology/approach – The authors developed a two-sided approach: a quantitative survey and 12 semi-structured interviews based on four customer segments identified by the quantitative study. For the survey, data were collected from 180 Islamic bank clients in Tunisia. The factors adopted for the selection of an Islamic bank are service quality, trust, and compliance with Sharia (Islamic) law. The authors identified and measured the selection criteria using a factor analysis, regression analysis, and demographic characteristics analysis. Findings – Customers consider several factors while choosing an Islamic bank: the quality of service offered by the financial institutions, trust, and (especially) compliance with Sharia law. Moreover, gender and age appear to be the only moderators between the selection of an Islamic bank and these determinants. Practical implications – This study offers Islamic banks a better understanding of how Tunisian customers select financial institutions. These banks must consider the different determinants of choice in order to create value for consumers and prepare their marketing strategies. The authors identify four customer segments based on gender and age by which the banks may improve their positioning and market share, thus contributing to the development of Islamic financial institutions in Tunisia. Originality/value – This is the first study of its kind in Tunisia, where the market share of Islamic finance remains low. The study enriches the Islamic marketing literature on the quality of Islamic financial institutions’ service, trust, and compliance with Sharia law. It also tests demographic characteristics as moderators. The results and implications of this research can be applied to countries similar to Tunisia.

scholarly journals THE COMPARATIVE STUDY OF ISLAMIC AND CONVENTIONAL BANK IN INDONESIA

Kodifikasia ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 353
Author(s):  
Tri Rinawati ◽  
Aprih Santoso
Keyword(s):  
Financial Performance ◽  
Population Based ◽  
Islamic Banks ◽  
Financial Report ◽  
Purposive Sampling ◽  
Islamic Bank ◽  
Report Data ◽  
Conventional Banks ◽  
The Comparative Study ◽  
Conventional Bank

Penelitian ini bertujuan untuk mengetahui perbedaan kinerja keuangan Bank Syariah dan Bank Konvensional di Indonesia berdasarkan rasio CAR, NPL, LDR dan BOPO untuk tahun 2008 – 2017 dan untuk mengetahui kinerja keuangan mana yang lebih baik antara kinerja keuangan Bank Syariah dan Bank Konvensional di Indonesia untuk periode 2008 - 2017 dilihat berdasarkan rasio CAR, NPL, LDR, BOPO, ROA. Objek penelitian ini adalah bank syariah dan bank konvensional di Indonesia selama periode 2008 - 2017. Metode penentuan sampel yang digunakan adalah purposive sampling, yaitu pengambilan sampel dari suatu populasi berdasarkan kriteria tertentu. Kriteria dalam memilih sampel adalah: (1) Bank yang telah menerbitkan laporan keuangan selama 5 tahun berturut-turut mulai tahun 2008-2017; (2) Bank yang terdaftar di Bank Indonesia; (3) Bank yang menyediakan data laporan keuangan sesuai dengan rasio yang dipersyaratkan; (4) Data Keuangan Bank Syariah dan Bank Konvensional diambil secara keseluruhan dari Statistik Perbankan Indonesia dengan hasil pengujian yang berbeda dapat disimpulkan bahwa terdapat perbedaan antara CAR Bank Islam dan CAR Conventions Bank, terdapat perbedaan antara Bank Syariah NPL dan Konvensional Bank NPL, ada perbedaan antara LDR Bank Syariah dan LDR Bank Konvensional, tidak ada perbedaan antara Bank Islam BOPO dan Bank Konvensional BOPO dan ada perbedaan antara ROA Bank Syariah dan ROA Bank Konvensional. [The objectives of this study are: (1) To find out the differences in the financial performance of Islamic Banks and Conventional Banks in Indonesia based on CAR, NPL, LDR and BOPO ratios for the years 2008 - 2017; (2) To find out which financial performance is better between the financial performance of Islamic Banks and Conventional Banks in Indonesia for the period 2008 - 2017 seen based on CAR, NPL, LDR, BOPO, ROA ratios. The object of this research is Islamic banks and conventional banks in Indonesia during the period 2008 - 2017. The method of determining the sample used is purposive sampling, which is sampling from a population based on certain criteria. The criteria in selecting samples are: (1) Banks that have published financial statements for 5 consecutive years starting in 2008 - 2017; (2) Banks registered at Bank Indonesia; (3) Banks that provide financial report data in accordance with the required ratio; (4) Financial Data of Islamic Banks and Conventional banks are taken as a whole from Indonesian Banking Statistics the results of different tests it can be concluded that there is a difference between CAR Islamic Banks and CAR Conventions Bank, there is a difference between Islamic Bank NPLs and Bank Conventions NPL, there is a difference between Islamic Bank LDR and Conventional Bank LDR, there is no difference between Islamic Bank BOPO and Conventional Bank BOPO and there is a difference between ROA of Sharia Banks and ROA of Conventional Banks]

scholarly journals Do sharia compliance affect Islamic Banks performance? Evidence from Islamic Banks in Indonesia

2019 ◽  
Vol 7 (3) ◽  
pp. 12
Author(s):  
Inten Meutia ◽  
Mohammad Adam ◽  
Rulyanti Susi Wardhani
Keyword(s):  
Content Analysis ◽  
Financial Institutions ◽  
Best Practice ◽  
Annual Report ◽  
Statistical Tests ◽  
Annual Reports ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Islamic Financial Institutions ◽  
Governance Instruments

Sharia compliance is very important for Islamic financial institutions. This study has two objectives, namely to determine the level of sharia compliance in Islamic banks in Indonesia, as well as to prove whether the sharia compliance affects the performance of Islamic banks in Indonesia. To prove this, the researcher observed the annual report of 11 Islamic banks in Indonesia for the period 2012 to 2016. Sharia compliance is measured through the level of sharia governance in Islamic banks. Sharia governance instruments used refer to Hasan (2011). While the performance of Islamic banks is measured by ROA and ROE. Content analysis is used to identify sharia governance disclosures in annual reports. The study revealed that, on average the level of sharia compliance of Islamic bank in Indonesia is at the level of best practice. While the results of statistical tests prove that there is no significant effect sharia compliance on the performance of Islamic banks both measured by ROA and ROE.

scholarly journals PENGARUH KECUKUPAN MODAL, RISIKO PEMBIAYAAN, EFISIENI OPERASIONAL DAN LIKUIDITAS TERHADAP PROFITABILITAS (Studi Pada Bank Syariah dan Bank Konvensional di Indonesia)

2017 ◽  
Vol 2 (2) ◽  
pp. 109-120
Author(s):  
Erma Setiawati ◽  
Dimas Ilham Nur Rois ◽  
Indah Nur Aini
Keyword(s):  
Descriptive Analysis ◽  
Sampling Technique ◽  
Operational Efficiency ◽  
Capital Adequacy ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Common Trend ◽  
Financing Risk ◽  
Conventional Banks ◽  
Conventional Bank

AbstractThe competition between conventional and Islamic banks is quite strict, this becomes a common trend because the banks want to attract and maintain the relation with their costumer, each bank must try and work hard to show their optimal financial performances.This research aims to find out the effect of capital adequacy, financing risk, operational efficiency and liquidity on the profitability of Islamic banks and Conventional banks, as well as to analyze the differences effect of capital adequacy, financing risk, operational efficiency and liquidity on profitability in Islamic banks and conventional banks in Indonesia. Population in this research are all Islamic bank and a conventional bank that listed in Indonesian bank (Bank Indonesia) on 2011-2015. This research using purposive sampling technique, with the samples involving three Islamic bank and four conventional banks in Indonesia. The data is analyzed by multiple regression analysis and descriptive analysis. The result of this research shows that the capital adequacy and operational efficiency has a significant effect on the profitability of Islamic banks. The financing risk and liquidity have no significant effect on the profitability of Islamic banks. While the capital adequacy, operational efficiency, and liquidity have a significant effect on their profitability conventional banks, and the financing risk is not affected to conventional banks profitability. The result of this research also showed that there's a difference in the effect of capital adequacy, financing risk, operational efficiency and liquidity on profitability between Islamic banks and Conventional Bank. Keywords: capital adequacy, financing risk, operational efficiency, liquidity and profitability

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