Pembiayaan Talangan Haji dalam Perbankan Syariah Ditinjau dari Undang-undang Perbankan Syariah

Product of Fund of Roof-Gutter Haji represent the Product pertained a new innovation in Transaction some Moslem law Bank. This Product meant to close over the fund insuffiency which not yet answered the demand to candidate Haji by Loaning a number of money (Qardh) with the Guarantee of Deposit of Client of candidate Haji, last to the that loaning service Bank draw A number of Fee / ujrah (in this case Ijarah) as Religious advices DSN-MUI : Number 29/DSN-MUI/VI/2002, however in 2 (this two) akad happened the problems when application into Product of Fund of Roof-Gutter Haji to be explained after this, but before that it is better if evaluating one per one congeniality every akad that is Al-Qardh and Al-Ijarah. Problem of this research namely defrayal in Moslem law banking, hereinafter Defrayal of roof-gutter haji according to No. 21 year 2008 about Banking Moslem law and also protection punish to bank client in defrayal of roof-gutter haji evaluated from No. 21 Year 2008 About Moslem law Banking. This research use the approach of yuridis normative because this research use the data sekunder to analysis the contractual terms bank with debitor and also its law protection aspect principally Moslem law. Bank Moslem law is the part of Banking Moslem law apart rom Business Unit Moslem law (UUS), while Bank Moslem law consisted of public Bank of Moslem law and Bank of Defrayal of Moslem Law People (BPRS). In of banking of Indonesia of Number 21 Year 2008 differentiating bank [of] pursuant to its business activity become two, that is bank executing business activity conventionally and bank executing business activity pursuant to Moslem law principle. No. 21 Year 2008 about Banking Moslem law not arrange peculiarly the defrayal of roof-gutter haji, at Section 21 only explaining business activity of Moslem law banking. this Roof-Gutter defrayal guaranteed by deposit had by client, client obliged to return a number of money loaned certain within. To the service of loaning of this roof-gutter haji fund, bank Moslem law get a run for the ( fee / ujrah) which is the level of not relied on the amount of loaned fund. Protection of Client of fund of roof-gutter haji given early on namely with the existence of information of existence of bank Moslem law informatively, so that in have competition with the other bank will get the position which suitable and acceptable. Ambulatory protection early on better by giving information which its credibility accountable from all aspect

Kajian Yuridis terhadap Investasi Gadai Emas di Perbankan Syariah

One of the banks that have Islamic sharia pawning gold products, commonly known as the Golden Pawn Bank Syariah Mandiri which binding financing using qardh agreement in order rahn. Funding is provided to customers who have gold and need money immediately. This is evident from the rise of sharia pawning gold (rahn) who allegedly deviated from its original purpose. This concern arises because sharia should bertumpuh lien on Islamic principles which the essence is to help people to get funds quickly and for working capital. In practice, sharia pawning gold began to leave the essence and more widely used for profit through repeated practice of speculative mortgage. The research was conducted using the method of normative legal research or legal research literature, the data used are the primary legal materials, secondary, and tertiary, while the data collection is done with the study of literature (library researh). The method used in analyzing the data is qualitative analysis. Based on the results of the study authors that the legal basis for the gold investment in Islamic perspective is the verses of the Qur'an Surah Al-Baqarah (2) Section 283 is grounds relied upon in developing the concept of Islamic mortgage (Rahn). Hadith of the Prophet Muhammad in the hadith that Aisha riwayatkan by Muslim Faith, ijma 'ulama agreed on the permissibility of the legal status of liens, and the Islamic National Fatwa council chamber Ulama Indonesia (DSN-MUI) became one of the references relating to liens sharia (Rahn). Specifically with regard to sharia law lien (Rahn), MUI through the National Islamic council issued a fatwa No.: 25/DSN-MUI/III/2002. Arrangements relating to investment gold pawning at sharia banks namely, Bank Indonesia Regulation. 10/17/PBI/2008 On Islamic Banking products and Sharia that in order to avoid the risk of loss, the Islamic Bank and Islamic Business Unit obliged to maintain the quality of its financing, ne of the effort to maintain the quality of the financing, Islamic banks and Sharia can restructure financing of customers who have business prospects and / or ability to pay and estrukturisasi Financing Financing only be made for the quality of Substandard, Doubtful and Loss that must be supported by analysis and evidence of adequate and well- documented. Circular Letter of Bank Indonesia (SEBI) No.. 14/7/DpBs dated February 29, 2012 concerning the rules contributed to pawn gold pawn gold trigger for increased business, especially in Islamic banking. Given this rule, gold pawning business become more organized, and only for urgent short-term loans. No more gold for investment fiduciary practices

Fungsi dan Tugas Otoritas Jasa Keuangan Berdasarkan Undang-undang Nomor 21 Tahun 2011 Tentang Otoritas Jasa Keuangan

Before the establishment of Otoritas Jasa Keuangan (OJK), banks are regulated and supervised by Bank Indonesia (BI), while the non-bank financial companies regulated and supervised by Badan Pengawas Pasar Modal-Lembaga Keuangan (Bapepam-LK). But after the crisis hit in 1998, it gives birth to the idea of establishing an independent oversight agency. However, this agency is formed after a long process of waiting. Exactly after the issuance of Undang-Undang No. 21 Tahun 2011 tentang Otoritas Jasa Keuangan. The issues that will be raised by the author is how OJK regulated in Indonesia, how is the position of financial services authority in other countries, what is the functions and duties of OJK. The research method used by the author was a literature research, which is the juridical normative that aims to describe in a systematic, factual and accurate to state the object of a study by research based on normative legal provision. Research source used is sourced from secondary data. Otoritas Jasa Keuangan is an independent body in carrying out its duties and powers under Undang-Undang No. 21 Tahun 2011 tentang Otoritas Jasa Keuangan. In the UK, Financial Services Authority headed by a chairman. But in carrying out day-to-day operational activities carried out by a CEO. In Japan, Financial Services Authority headed by the commissioner in charge of administrative law judge, planning and coordination bureau, inspection bureau, and supervisory bureau. General functions and tasks of OJK is to regulate and supervise the activities of financial services in banking, capital markets, and other financial institutions. In the banking sector, the functions and duties related to OJK were only microprudential aspects such as institutional, business activities, and assessment of banks' health. In the sector of the capital markets and other financial institutions, OJK carry out all the duties and authority vested in Bapepam-LK, ie foster, organize, and oversee the day-to-day activities of the capital markets and to formulate and implement the policies and technical standardization in the field of financial institutions

Peranan Reksadana Syariah dalam Peningkatkan Investasi di Indonesia

Reksadana Moslem law represent the medium of mixture invesment joining share and obligation Moslem law in one product which dikelolah by Invesment Manager. Existence Reksadana prove that capital market not merely just just nob people monopolies. Pass the reksadana, petitborgeois under even also can enjoy the advantage from the company share. Meagrely investor money can enjoy the advantage from share and other invesment instrument, and will more and more opportunity to society to participate. Problem of this research How arrangement of reksadana of Moslem law in Indonesia, forms of agreement execution (akad) in invesment mechanism the reksadana Moslem law,and How protection punish to investor in invesment the reksadana Moslem law. Method used in this writing thesis is research method punish the normatif. With the data collecting in book study (library Reseach). Writer use bibliography research / library reseach. In this case research punish by bibliography research or referred with the research normative. Pursuant to research result obtained that Arrangement of reksadana Moslem law in Indonesia, arrangement concerning this reksadana in positive law, both for conventional and also which is pursuant to Principle Moslem law is same that is arranged in No. 8 Year about Capital Market technical regulation and in the form of Governmental Regulation, Decree Of The Minister For Finance, and regulation by Bapepam and regulation by Effect Exchange as Self Organitation Rgulatory (SRO). Forms of agreement Execution (akad) in invesment mechanism [pass/through] the reksadana Moslem law, mechanism of invesment reksadana in fact loo like with the sharing holder invesment. All investor and invesment manager " idol" to the invesment into various invesment product needing big capital. Protection punish to investor in invesment [pass/through] the reksadana Moslem law, protection forms punish to investor which is there are in agreement, Regulation of Bapepam and fiduciary duty, relate to the duty of Invesment Manager in managing Reksa Fund for the sake of investo

Tinjauan Hukum Terhadap Aturan Internasional Mengenai Liberalisasi Perdagangan Jasa Melalui Kerangka Perjanjian WTO Dan Kerangka Perjanjian ASEAN

ABCTRACT Free trade interaction one state with another, should have any regulation of law International. Obviously, to arrange trade regulation with another states, and obligate any law regulation to captivate, if appear any dispute on that trade transaction According from that idea, issues that appointed on this observation are law International regulation about liberation trade in service, regulation dispute settlement on WTO frame agreement and ASEAN frame agreement, position of regulation AFAS directed regulation on GATS as frame agreement WTO. This observation using yuridis normative approach which to learn assembling law International principles about liberation trade on service. From the result of the observation, that law International regulation about liberation trade in service on frame agreement WTO is General Agreement Trade in Service (GATS) which the rule of basic to enclose on Annex 1b GATS. Whereas on frame agreement ASEAN, through implementation AFAS (ASEAN Framework Agreement on Service) within elimination trade border on services with on member of ASEAN. Dispute settlement on frame agreement WTO through Special Body , there is Dispute Settlement Body, whereas on ASEAN, through High Council which formed by Senior Economic Officials Meeting (SEOM) and the rule of law suitable with Treaty of Amity and Cooperation in South-East Asia (TAC). Position of regulation AFAS directed rule onward GATS , there is the implementation economic regionalism which the principle according WTO agreement

Tinjauan Yuridis Holdingisasi Bumn dalam Rangka Peningkatan Kinerja Menurut Perspektif Hukum Perusahaan

The government will implement holding process in plantation sector in this year. However, the hindrance found in this holding process is the unavailability of specific regulation governing the forming of holding in company. Having this holding, it will improve the performance of the company and add the profit from new company with the holding. The objective of this research is to know the role of the government in implementing the forming of holding company. The method of research was analysis descriptive research method, that was a research describing a situation or event to search, and then to analyze the event based on the facts from the secondary data obtained from primary law material, secondary law material and tertiary law material. The used research method was yuridical normative analysis, that was by describing and testifying the data related to the problem in company holding. Data collection technique for this research was carried out with library research, literature or documents to get the secondary data. The existence of state-owned corporations is one of real forms in Constitution 1945 especially article 33 with strategic position to increase the prosperity of the people. In the case of holding company that the responsibility of main company to branch company is only limited to the authority given to main company. The responsibility is only on management and policies related to the branch companies. Hence, it is necessary to have one rule governing the holding in specific and the government may understand and know the real process of the holding in state owned corporations. It is intended to improve the performance of state owned corporations related to the income and expenditure of state

Analisis terhadap Pengaturan dan Pengawasan Bank dengan Keluarnya Undang-undang Nomor 21 Tahun 2011 Tentang Otoritas Jasa Keuangan

The article of Law No. 3 of 2004 concerning to Bank Indonesia requires the establishment of supervision on financial service sector include banking, insurance, pension fund, security, venture capital and financing company an others institutions that manage the society fund. The institution with authority on regulation and supervision to financial service sector industries in Law No. 21 of 2011 is called as Financial Service Authority. The research method applied by writer is descriptive analytic study. The approach applied is normative juridical that review and test the data related to the issuance of Law No. 21 of 2011 concerning to OJK. The data is collected by library study to collect the secondary data. Based on the research, it is indicated that OJK has a positive and negative impact in banking. The positive impact is an effective coordination mechanism in handle any problems in financial system in order to assure the achievement of financial system stability and fulfill the supervision requirement such as independency, accountability, transparency, efficiency and affectivity of bank supervision. The negative impact is the obstacles in make coordination with the Bank Indonesia and any difficultness in apply the function of Central Bank as Lender of Resort because in the implementation of the function, central bank requires accurate and updated information about banking condition. The other impact may be occurred in the current financial condition and the high cost of banking supervision will cause the deficit of National Budget (APBN