PENGAWASAN LEMBAGA KEUANGAN MIKRO SYARIAH DALAM UNDANG-UNDANG NO. 1 TAHUN 2013 TENTANG LEMBAGA KEUANGAN MIKRO (STUDI PERSPEKTIF MAQĀṢID ASY-SYARĪ’AH)

M NUR RIFQI SHOLIHUDDIN, NIM. 14380013 (2018) PENGAWASAN LEMBAGA KEUANGAN MIKRO SYARIAH DALAM UNDANG-UNDANG NO. 1 TAHUN 2013 TENTANG LEMBAGA KEUANGAN MIKRO (STUDI PERSPEKTIF MAQĀṢID ASY-SYARĪ’AH). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The development of microfinance institution and sharia microfinance institution in Indonesia has been progressing rapidly. As a financial intermediary institution for society, the presence of microfinance institutions or sharia microfinance institution becomes central. With low literacy and information levels, the presence of government is urgently needed for the community to benefit from the existence of the sharia microfinance institution, one of them by supervision of sharia microfinance institutions. With the enactment of the laws of microfinance institution, supervision is carried out by the financial services authorities, but delegated to the district or city government or other designated party, which has not been determined who is eligible for supervision. Here there is unclear authority for supervision of microfinance institution or sharia microfinance institution. This research is library research, that is by collecting data and scientific information, either from law, book, journal, or other documents that can assist the compiler in analyzing data with the purpose of research to know the supervision in Article 28 of the institution law microfinance and the implementation of that supervision, which will be analyzed with maqāṣid syarī’ah perspective of Jasser ‘Auda version. This research is analytical descriptive, that is explaining related to legislation and maqāṣid syarī’ah to supervision of sharia microfinance institution. Based on the research that has been done, it can be concluded that there is uncertainly over the regulatory arrangements in Article 28 of the law on microfinance institution, as well as the implementation of the article. This is not in accordance with the maqāṣid syarī’ah sides in the framework of ḥifẓ al-māl that is vital to the existence of the society’s economy. Therefore, need for the opening of facilities (fatḥ al-żarā’īʹ) through a clear supervision for the achievement of economic sustainability of mankind. Therefore for the development of micro finance institution and sharia microfinance institution in the future, it is necessary to return the authority of supervision to the financial services authority, considering the financial service authority has a central position and definite instrument for supervision as compared to the district or city government or other designated party.

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