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REGULASI DAN PERKEMBANGAN PERBANKAN SYARIAH DI INDONESIA
This study examines the regulatory dynamics and development of Islamic banks operating based on Islamic sharia principles, which emphasize the prohibition of usury and advocate profit-sharing schemes, transparency, and fairness in transactions. The study states that OJK policies have had a significant positive impact on asset and financing growth, as well as reducing the Non-Performing Financing (NPF) ratio, reflecting an improvement in the quality of Islamic bank risk management. Since October 27, 1988, the government issued the October Policy Package (PAKTO 88), which liberalized the banking sector: permitting the establishment of new private banks, foreign bank branches, and joint ventures with domestic banks. Although this law does not explicitly regulate interest-free banks, PAKTO allows banks to set 0% interest as an internal decision. The Indonesian Ulema Council (MUI) held a workshop in Cisarua, Bogor, consisting of religious scholars, economists, and banking regulators. The results of the discussion were brought to the 4th MUI National Conference on August 22–25, 1990, resulting in the mandate to establish the MUI Banking Team tasked with approaching the establishment of Islamic banks in Indonesia and becoming the main initiator of the establishment of formal interest-free banks using sharia contracts (profit sharing, sale and purchase, ijarah). UUD No. 7 of 1992 Ratified on March 25, 1992, this law replaced Law No. 14 of 1967 and officially opened space for the existence of banks based on the principle of profit sharing such as Bank Muamalat. As a concrete implementation of Law No. 7/1992, there are operational principles of sharia banking.Business activities are only based on muamalat in accordance with sharia, determination of returns is based on written agreements (Articles 1–3), the obligation to establish a Sharia Supervisory Board (DPS) by sharia banks (Article 5). However, numerous challenges remain in the implementation of regulations, including suboptimal inter-agency coordination, relatively low capitalization of Islamic banks, and weak public and human resource literacy. This research employs a normative-juridical approach and qualitative analysis, incorporating a literature review. The results indicate that effective regulations are crucial for driving the growth of Islamic banks. However, regulatory implementation remains challenging, including legislative complexity, limited human resource understanding, and a lack of synchronization between Islamic principles and positive law. The analysis utilizes legal effectiveness theory and Islamic economic law theory. This research recommends strengthening more comprehensive and systematic regulations, increasing Islamic literacy, and harmonizing Islamic principles within the national legal system to support the sustainable growth of Islamic banks in Indonesia.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 23203011109 Moh. Najiburrahman, S.H.
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297.273 Islam dan Ilmu Ekonomi, Perbankan Syariah, Lembaga Keuangan Syariah