EFEKTIVITAS PENGAWASAN OPERASIONAL BAITUL MAL WA AT-TAMWIL DI PROVINSI JAWA TENGAH

Al Muazzami, S.H., NIM.: 22203012066 (2024) EFEKTIVITAS PENGAWASAN OPERASIONAL BAITUL MAL WA AT-TAMWIL DI PROVINSI JAWA TENGAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Operational supervision of Baitul Ma>l wa at-Tamwi>l for KSPPS business type permits is carried out by the Ministry of Cooperatives and SMEs, while for LKMS business types it is carried out by the OJK. The problem is that there is disharmony in regulations between Law Number 25 of 1992 concerning Cooperatives as the basis for KSPPS and Law Number 1 of 2013 concerning Microfinance Institutions as the basis for LKMS which has an impact on the disparity in the number of BMT KSPPS and BMT LKMS, especially in Central Java Province and has resulted in the operational supervision of BMTs being questioned for its effectiveness. This study aims to analyze three problems, including why BMT organizers choose the KSPPS business type under the supervision of the Ministry of Cooperatives and SMEs or the LKMS business type under the OJK, how effective is the operational supervision of BMT KSPPS under the Ministry of Cooperatives and LKMS under the OJK, and how is the impact of supervision of BMT KSPPS under the Ministry of Cooperatives and LKMS under the OJK. This research is a type of field research with a descriptive analytical research nature. The research approach used is normative empirical. The data sources for this study are primary data in the form of interview results and secondary data including primary, secondary, and tertiary legal materials. Secondary data collection was carried out through interviews with purposive sampling techniques and secondary data through literature studies. Data analysis was carried out through several stages and analyzed deductively. The result of this study is first, the reason for BMT organizers in Central Java Province to choose KSPPS is the flexibility of wide area coverage, more favorable regulations, and direct assistance from KemenkopUKM can support expansion and facilitate operations, while the reason for choosing LKMS is prioritizing credibility and public trust through strict supervision. Secondly, OJK's operational supervision of BMT SMFIs with a clear legal structure and law enforcement shows a higher level of effectiveness compared to the Ministry of Cooperatives and SMEs' operational supervision which is humanistic and adjusts to the cooperative culture. Third, the impact of the KemenkopUKM and OJK supervision on the operational health of BMTs is in line with Jasser Auda's maqāṣid ash-sharī'ah principle which emphasizes comprehensive benefits. However, the supervision conducted by OJK on BMT LKMS with the principles of strict law enforcement, data-based approach, and comprehensive supervision has a more direct and strict impact on the operational health of BMT compared to the supervision by KemenkopUKM on BMT KSPPS.

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