TINJAUAN HUKUM ISLAM TERHADAP JUAL BELI SAHAM SYARI’AH (STUDI DI APLIKASI PROFITS ANYWHERE PT PHINTRACO SEKURITAS)

Munawwir Ramadhan, S.H., NIM.: 20203012083 (2022) TINJAUAN HUKUM ISLAM TERHADAP JUAL BELI SAHAM SYARI’AH (STUDI DI APLIKASI PROFITS ANYWHERE PT PHINTRACO SEKURITAS). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Application of Profits Anywhere PT Phintraco Sekuritas is a securities company trades stocks from conventional and shariah companies. Phintraco Sekuritas was listed in OJK, got a protection from UUPM, and got a control from DSN MUI. However, shariah stock trading on application of Profits Anywhere contents haram elements according to Islamic Law analysis. For examples garar, riba, and ihtikar elements. Those elements make shariah of Profits Anywhere to be hesitated. Then, it contents mixed system that causes a new problem and question for customers. The mixed system consits of contract system, financial system and account system. This research is a normative law research by using Islamic Law. This research uses library research by collecting datas from application of Profits Anywhere, books, articles, scientific works from library, and internet. This research is descriptive by describing phenomenon in that application, and explanatory by explaining the cases and solutions. The research results show that shariah stock trading on application of Profits Anywhere PT Phintraco Sekuritas can be done via two bank accounts they are reguler account and shariah one (Profits Syari’ah). Sharia stock trading in reguler account is clearly haram. Then, sharia stock trading in shariah account contents hesitated elements but it can be tolerated because the main activities from that company was not haram, and sharihah account gets enough syariah facilities.The garar element stacks on stock price fluctuation and it is a part of basic electronic system, light garar (rukhs}ah), and to be permitted. The riba element comes from debt ratio percentage with maximum of riba 45% and comes from riba and other non halal income with maximum percentage 10%. That percentage will only found from reguler account because shariah does not use percentage. The ihtikar element comes from the way of customer transacts, and it doesn’t come from Phintraco Sekuritas. Running mixed system in Profits Anywhere consits of contract system, financial system, and account system. Contract system is constituted by POJK Number 53 in 2015 dan instruction of DSN MUI Number 80 in 2011. Then, financial and account system are constituted by basic rule in Profits Anywhere. So, This research permits sharia stock trading in Profits Syari’ah because it is appropriate with Islamic Law and the systems are not in problems.

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