DINAMIKA HUKUM PERBANKAN SYARIAH DALAM MERESPONS PROBLEMATIKA PRODUK BANK SYARIAH

Waldi Nopriansyah, NIM.: 18300016021 (2021) DINAMIKA HUKUM PERBANKAN SYARIAH DALAM MERESPONS PROBLEMATIKA PRODUK BANK SYARIAH. Doctoral thesis, SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Sharia banking regulations, which have undergone three-time improvements from act number 7 of 1992 and act number 10 of 1998 on banking and act number 21 of 2008 on sharia banking, are closely related to affecting factors, such as economics, law, politics and religion. The involvement of those factors is reflected in the changes of laws that regulate sharia bank’s operation system systematically. Despite the distinct regulations existed in the acts, sharia banks are facing problems fulfilling the more complex customers’ needs. There are three questions the dissertation is trying to cope with. (1) What lies behind the sharia banking alterations in 1992, 1998 and 2008? (2) Have the changes of law responded to the needs of the society and the sharia banks? (3) Have the alterations fulfilled the needs of sharia banks’ products and met the society’s need on justice, usefulness and certainty? This historical-juridical normative study employs existing laws and regulations concerning sharia banking and its products to be sources of data. The obtained data were analyzed under two methods: historical-comparative and critical analysis methods. In addition to theories on justice in Islam and other responsive laws, Gustav Radbruch theory of policy on justice, serviceability and law certainty is used. The research reveals as follows. 1) The three better-making laws, as of the 1992, 1998 and 2008, are very much influenced by politics, economics, religion and law. Political factor aims at securing his position by Muslims’ support; law factor strengthens sharia banking regulations; religion factor means an acceptance of Islamic principle when organizing economic activities and the maintenance of Muslim identity; economic factor is affected by economy crisis and the growth and progress of sharia banks. In addition, the presence of laws merely of sharia banking is meant to affirm people’s trust. 2) The regulation changes of sharia banking have met the bank and thepeople’s need, covering the needs of justice, type of operation, institution growth, manpower and dispute resolution. Yet, sharia banking is encountering some problems, such as bonus agreed in wadiah contracts, difficult to gain bargaining position, hard to access loan for less-than-two-year business, inappropriate contracts etc. 3) The alterations have facilitated sharia banks products from types of products to religiously allowed ones. In spite of problems occurring in practice, the acts of sharia banking can bring sense of justice, expedience and certainty. Looking at the above findings, the writer suggests the corresponding institution reconstruct the contracts utilized by sharia banking and reconsider, through policies, customers’ rights for them to obtain reasonable financing. Key

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