THE URGENCY OF FATWA IN THE LAW OF SHARIA ECONOMICS IN INDONESIA

Fatwas of the National Sharia Council-Indonesian Ulama Council (DSN-MUI), in the field of sharia economics, has filled the legal vacuum related to the economic activities of the people. The increased of activity in the Mu'amalah area which is so fast requires a responsive fatwa. It can be seen from the rapid development of financial products for sharia financial institutions today. The legal strength of a fatwa is non-binding because it is not included in the constitution hierarchy in Indonesia which has caused debate for some people. But, several DSN-MUI fatwa have been transformed into part of national law, such as constitution No. 21 of 2008 concerning Banking, and some of which have also been absorbed into Bank Indonesia regulations, Syari'ah Financial Services Authority Regulation (OJK). This paper tries to analyze the role of fatwas in filling the legal vacuum in the development of the shari'ah economy in Indonesia and how the fatwas of the DSN-MUI can be transformed into national law. The author concludes that the role of DSN-MUI as the only institution that issued a fatwa related to the activities of shari'ah financial institutions in Indonesia is very important in the area of national legal politics.

DETERMINATION OF THE UJRAH OF GOLD PAID GOODS AT MANDIRI SHARIA BANK (BSM) BATUSANGKAR

This study analyzes the cost determination for a gold pawn ujrah at the branch of Banque Syariah Mandiri Batusangkar. This type of research is field research with qualitative methods. The analysis technique is based on the Fatwa DSN and the theory advanced by Rozalinda. The research results explain that the implementation of the gold pledge at the branch of Bank Syariah Mandiri Batusangkar in accordance with the Standar Operasional Prosedur (SOP) that have been set by the Bank. The costs of administration, maintenance and storage of the pledged goods are determined according to the amount of the customer's loan, the level of fees also depends on the amount of customer loans. So this is not in line with Fatwa DSN No. 25/DSN-MUI/III/2002 regarding Rahn, in point four, stated that maintenance and storage charges should not be based on loan amount. It is also not in line with the theory advanced by Rozalinda that the administration of administrative costs is based on the weight of the gold, the cost of maintaining and storing or renting the premises according to the content of the gold.

MANIFESTATION OF SHARIA REGIONAL REGULATIONS IN MANAGING SOCIAL MORALITY

This study discuss about the manifestations of shariah perda in managing of sosial morality. The type of this research is a qualitative descriptive using the sociological, historical and normative juridical approaches. The results of this study suggest that the sharia regional regulations are established based on the Koran and hadith. In the history of its formation, it is inseparable from the formation of national law by observing the three periods of its formation, especially regarding regional autonomy. It is also necessary to understand that if you look at the position of regional regulations, especially sharia regulations by looking at the legal system in force in this country, it can be understood that Islamic sharia has an important position in the formation of law in Indonesia. This regulation aim of safeguarding and protecting the dignity of the community. Although there is opposition and rejection of it, this rule is in accordance with the national legal system and makes a great contribution to managing people's lives. Because one of the functions of law is to regulate or control the actions and behavior of the community so as not to do actions that are detrimental to themselves and to the surrounding community.

JURIDICAL OVERVIEW OF THE FINANCING OF MSME MICRO CAPITAL SERVICE UNIT (ULaMM) SYARIAH

This article is motivated by the special tasks carried out by thePT. Madani National Capital (PNM), which is only to carry out business activities to channel funds without making efforts to raise funds because this business unit is not a banking institution. The Micro Capital Service Unit (ULaMM) is a capital loan service for micro and small businesses accompanied by guidance to develop their business.UlaMM has been running business activities and providing financing services for the development of cooperatives, micro, small and medium enterprises. The agreement made by both parties was made in writing in accordance with POJK Number 16/POJK.05/2019 concerning the Supervision of PT. Permodalan Nasional Madani, Micro Capital Service Unit (ULaMM). This research uses descriptive qualitative method with data analysis used with descriptive analysis. Based on the method that has been used, it can be concluded that the agreement made is stated in writing in an agreement, this is in line with the provisions contained in POJK article 7 paragraph (2) which regulates that the financing service agreement must be made in writing. The agreement made is also in accordance with the provisions contained in Article 1320 of the Civil Code which regulates the legal terms of agreement.