106 research outputs found
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
EMPOWERING THE ‘MINISTER OF FINANCE’: AN EFFORT TO IMPROVE THE FINANCIAL LITERACY OF HOUSEWIVES
Financial literacy is an important part of financial sector consumer protection. With financial literacy, the community will be able to choose financial products and services that are appropriate to their needs and have the ability to do better financial planning. Data shows that housewives have low financial literacy and, hence, are vulnerable to fraud and scams. Fraud and suspicious fundraising activities are still prevalent in many cities all over Indonesia, including Medan. Training of financial literacy and the legal protection in investment for housewives were designed and implemented to help overcome this issue. The training took place in Medan Selayang and Medan Maimun Districts and aimed to improve housewives’ financial literacy, including on how to manage household money properly and safely so as not to get trapped in bad investment, as well as to educate them about the legal measures that can be taken if they become victims of fraud. The training was conducted using lecture method followed by discussion and consultation. The participants were provided pocket books that were designed to be easily read and understood. Questionnaires were also prepared to measure the knowledge of the participants before and after training. The result of the test shows that the participants’ financial literacy improved after the training
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 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
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