Supriyadi, Ahmad (2017) REKONSTRUKSI PENERAPAN BERBAGI KEUNTUNGAN DAN KERUGIAN DALAM PEMBIAYAAN MURABAHAH DI BANK SYARIAH INDONESIA DALAM PERSPEKTIF KEADILAN ISLAM. Doctoral thesis, Fakultas Hukum UNISSULA.
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Abstract
The title of this dissertation is "Reconstruction of Loss and Profit Sharing
Application in Murabaha Financing in Indonesian Sharia Banks Based on
Justice Perspective of Islamic Value".
Sharia Bank is an ideal financial institution in accordance with
philosophical, juridical and sociological theory that is in accordance with
Pancasila, The 1945 Constitution (UUD 1945) and Indonesian culture such as
maro and mertelu. However it is found in the research that Shariabanks still apply
interest as in conventional banks and do not do profit and loss sharing. This
conditions create make the formulation of research problem that must be tested,
how is the law application about loss and profit sharing in Murabaha financing in
Indonesian Sharia Bank based on justice perspective of Islamic Law? Why does
not the implementation of the law in Murabaha financing in Indonesian Sharia
Bank provide justice yet? And how is the legal reconstruction of the loss and
profit sharing application in Murabaha financing in Indonesian Sharia Bank based
on the justice perspective of Islamic Law? The goal is that the problem can be
resolved through research.
This research is a constructivism research which data is qualitative and the
type is empirical law research with normative, juridical and sociological approach.
The data types are primary data and secondary data and legal materials used are
primary, secondary and tertiary legal materials. Data was collected through
interviews and documentation inSharia Banks in Central Java and the analysis
was inductive by means of data reduction, data display and data verification.
The formulation of research problem is answered with the results of the
research that Sharia Banks in Murabaha financing do not apply justice law to loss
and profit sharing in the absence of business, responsibility and risk sharing, all of
which is charged to the customer. The factors are the weak legal substance that is
contradiction between the law inSharia banking and in conventional bank, article
in Sharia banking law does not regulate loss and profit sharing, Sharia principles
governed by Indonesian Council of Ulama (MUI) and Indonesia Bank are not
included in legislation hierarchy. The weak legal structure of the Sharia Bank is
still paradigm of capitalism, pragmatism, applying formal justice, unresolved
commissioner policy and weakSharia council, and weak legal culture that is
people lack understanding of ShariaBank products and inflationary currency
values. The results of reconstruction found that Law Number 21 Year 2008 on
Islamic Banking article 2 and 19, together with Loss and Profit Sharing and Bank
Indonesia regulation article 3 added and applied mudharabah wal murabaha,
musyarakah wal murabaha and musharaka walijarah al-muntahiabit-tamlik. This
dissertation study found the theory of ta'awun watawazun that is a fair murabaha
financing that shares profit and loss.
Keywords: Reconstruction, Profit and Loss Sharing, Murabahah, Sharia
Bank
| Dosen Pembimbing: | UNSPECIFIED | UNSPECIFIED |
|---|---|
| Item Type: | Thesis (Doctoral) |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 30 Jan 2018 01:55 |
| Last Modified: | 30 Jan 2018 01:55 |
| URI: | https://repository.unissula.ac.id/id/eprint/9850 |
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