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PERAN DEWAN PENGAWAS SYARIAH DALAM MENJAGA PERSAINGAN USAHA PADA PERBANKAN SYARIAH DI INDONESIA
The development of Islamic banking in Indonesia has demonstrated significant growth within the national financial system. This condition requires supervision that is not only oriented toward compliance with sharia principles but also toward the realization of fair business competition. The Sharia Supervisory Board (Dewan Pengawas Syariah DPS) plays a strategic role in ensuring that all operational activities of Islamic banks are conducted in accordance with sharia principles, Islamic business ethics, and applicable legal provisions. This study aims to analyze the legal framework governing the position, authority, and functions of the Sharia Supervisory Board within Indonesia’s Islamic banking system, as well as to examine the role of DPS in maintaining fair business competition from the perspectives of competition law and sharia principles. This research employs a normative legal research method using statutory and conceptual approaches. Legal materials were collected through library research utilizing primary, secondary, and tertiary legal sources related to Islamic banking, sharia supervision, and competition law. The analysis was conducted qualitatively through the interpretation of statutory regulations, legal doctrines, as well as banking supervision theory and the theory of raqabah in Islamic law. The findings indicate that DPS holds a strategic position within the Islamic banking supervisory system based on Law Number 21 of 2008 concerning Islamic Banking, regulations issued by the Financial Services Authority, and fatwas of the National Sharia Council of the Indonesian Council of Ulama (Dewan Syariah Nasional–Majelis Ulama Indonesia DSN-MUI). DPS plays a role in maintaining sharia compliance, promoting the principles of transparency and justice, and preventing business practices that may lead to unfair competition. Nevertheless, the implementation of DPS functions continues to face several challenges, particularly regarding limited independence and supervisory effectiveness. Therefore, strengthening regulations and optimizing the functions of DPS are necessary to ensure that sharia supervision within the Islamic banking industry operates more effectively and supports the establishment of fair business competition in Indonesia.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PERAN DEWAN PENGAWAS SYARIAH DALAM MENJAGA PERSAINGAN USAHA PADA PERBANKAN SYARIAH DI INDONESIA (Text)
PERAN DEWAN PENGAWAS SYARIAH DALAM MENJAGA PERSAINGAN USAHA PADA PERBANKAN SYARIAH DI INDONESIA (Other)
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346.08 Hukum Bank, Hukum Perbankan dan Hukum Asuransi