ANALISIS PENERAPAN FATWA DSN-MUI NO:150/DSN-MUI/V1/2022 TENTANG PRODUK ASURANSI KESEHATAN SYARIAH PADA PT. TAKAFUL KELUARGA YOGYAKARTA

Sifak Saifuddin Ahmad, S.H, NIM.: 21203012081 (2023) ANALISIS PENERAPAN FATWA DSN-MUI NO:150/DSN-MUI/V1/2022 TENTANG PRODUK ASURANSI KESEHATAN SYARIAH PADA PT. TAKAFUL KELUARGA YOGYAKARTA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This scientific research discusses the application of DSN-MUI fatwa No. 150 of 2022 concerning sharia health insurance products at PT. Takaful Family Yogyakarta. The issue raised is whether there is a dissynchronization between the provisions in the DSN-MUI fatwa No. 150 of 2022 concerning sharia health insurance products and the conformity of their contracts with practices that occur in Sharia Insurance Institutions, in this case researchers use PT. Takaful Keluarga Yogyakarta as a sample of the implementation of the fatwa. This research is a normative-empirical research with a conceptual approach method. The approach is a case study approach to ongoing or unfinished legal proceedings. The theory used in this study is the effectiveness of the law brought by Lawrence M. Friedman, this theory aims to see the effectiveness of the fatwa in PT. Takaful Family Yogyakarta. According to Lawrence M. Friedman, to see the efficiency of law implementation there are at least three factors of the legal system that are important to pay attention to, namely: structure, substance, and culture or legal culture. Furthermore, researchers also use the theory of policy implementation or A Model of the Policy Implementation Process perspective of Van Meter and Van Horn (1975), this theory is used to see further the implementation of the fatwa that has been implemented. The result of this study is that the provisions contained in the fatwa of sharia health insurance products have been structured and optimally carried out at PT. Takaful Keluarga Yogyakarta, both from the substance of the law, legal structure and legal culture. As for the implementation of the fatwa that has been carried out, five of the six indicators by Van Meter and Van Horn can already be seen that it is in accordance with the provisions in the fatwa. It's just that from the aspect of the disposition of the implementer, researchers found practices that were not in accordance with the provisions of the fatwa. First, some of the premium funds for sharia health insurance products are used as investments. Even though sharia health insurance products include non-saving products, which should be tabarru funds 'as a whole must be used as tabarruk. Second, Akad kafalah which is applied in sharia health insurance products is not in accordance with the principle of ta'a>wun between participants. This is because the purpose of someone participating in sharia insurance is to help other participants if exposed to risk. With the kafa contract> this eliminates the principle of helping between participants, this is because the participant who makes the claim must bear the cost himself. Especially before becoming an insurance participant, participants have carried out the underwriting process. Third, there is a requirement to register as a participant for those who will conduct research in Takaful. Of course, these three points contradict the principle of ta'a>wun in sharia insurance and the principle of tara>d|in (rido) in sharia economic law.

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