%0 Thesis
%9 Skripsi
%A Ahwi Deny Chandra Nasution, NIM.: 22103080104
%B FAKULTAS SYARI’AH DAN HUKUM
%D 2026
%F digilib:76280
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Unallocated account, Tabungan Emas, Perlindungan Hukum,  Kepastian Hukum, Maqasid Syariah
%P 112
%T ANALISIS TERHADAP KESESUAIAN SKEMA UNALLOCATED ACCOUNT DENGAN PRINSIP SYARIAH DALAM PRODUK TABUNGAN EMAS DI INDONESIA
%U https://digilib.uin-suka.ac.id/id/eprint/76280/
%X This study aims to analyze the form of legal protection provided to customers in  the implementation of the unallocated account scheme in gold savings products in  Indonesia and to assess its conformity with the principles of maqasid syariah. The  background of this research is based on the potential uncertainty regarding  customers’ gold ownership under the unallocated account scheme as regulated in  Financial Services Authority Regulation Number 17 of 2024 concerning the  Implementation of Bullion Business Activities. Under this scheme, customers do  not own specific physical gold but merely hold a claim right to a certain amount  of gold recorded collectively. This condition raises questions concerning legal  certainty, consumer protection, and its compliance with Islamic principles,  particularly in relation to the protection of property (ḥifẓ al-māl).  This research employs a normative-empirical legal method with a  descriptive-analytical approach. The normative approach examines Law Number  8 of 1999 concerning Consumer Protection, Law Number 4 of 2023 concerning  the Development and Strengthening of the Financial Sector (UU P2SK), and  Financial Services Authority Regulation Number 17 of 2024. The empirical  approach was conducted through interviews with representatives of the Financial  Services Authority and Bank Syariah Indonesia (BSI) in the Yogyakarta area, as  well as questionnaires distributed to customers using gold savings products. Data  were analyzed qualitatively using the theory of legal certainty and the theory of  maqasid syariah as the main analytical frameworks.  The results of the study indicate that: first, the legal protection provided  to customers under the unallocated account scheme based on current regulations  (POJK Number 17 of 2024) is inadequate. The regulation fails to guarantee legal  certainty regarding customers' physical ownership rights, placing them in a  vulnerable position as unsecured creditors. Second, based on the analysis of  Islamic Economic Law and maqasid syariah, the implementation of the  unallocated account scheme is deemed non-compliant with Islamic principles.  This is because customers only receive administrative possession (qabḍ ḥukmī)  without actual physical delivery (qabd hakiki), which leads to an imperfect  contract and fails to optimally achieve the objective of wealth protection (ḥifẓ almāl)  for the customers.
%Z Annisa Dian Arini, S.H., M.H.