Open AccessTinjauan Hukum Ekonomi Syar’ah: Take Over Pembiayaan Mikro Bank Syari’ah
Author(s) -
Akhmad Nurasikin
Publication year - 2021
Publication title -
jurnal iqtisad: reconstruction of justice and welfare for indonesia/jurnal iqtisad
Language(s) - English
Resource type - Journals
eISSN - 2621-640X
pISSN - 2303-3223
DOI - 10.31942/iq.v8i2.5674
Subject(s) - sharia , microfinance , debt , business , certificate , collateral , finance , financial system , islam , accounting , law , political science , philosophy , theology , algorithm , computer science
Although Indonesia is still facing formidable challenges due to the Covid-19 pandemic, the distribution of financing in the MSME sector and the micro segment continues to increase. "This shows that BSI continues to support the growth of MSMEs in the midst of the pandemic storm. Until June 2021, MSME financing at BSI was recorded at 36.82 trillion rupiah. Therefore, the authors are interested in conducting research with the title "Review of Islamic Economic Law Take Over Sharia Bank Microfinance". The purpose of this study is to analyze the TO process of microfinance in Islamic banks and its legal review. The research method used is descriptive analytical while the approach uses empirical juridical and data collection by literature study, interviews and observations. The results of the study stated the views of several scholars and sharia economists regarding the Qardh wal Murabahah contract used as a permissible contract, but in practice it must be subject to strict supervision. The Micro Financing Take Over process is guided by the DSN-MUI Fatwa Number: 31/DSN-MUI/VI/2002 concerning Debt Transfer (Alternative 1) and has become a positive law through Bank Indonesia Regulations (PBI). The legal consequence of this Qardh wal Murabahah contract is that the right of the first customer as a guarantee right holder is legally transferred to the new customer as stated in the Mortgage Certificate (SHT) and Fiduciary Guarantee Certificate.