BENTUK BADAN USAHA IDEAL UNTUK DAPAT DIPERTANGGUNGJAWABKAN SECARA HUKUM DALAM PENGELOLAAN BAITUL MAAL WAT TAMWIL (BMT) BERDASARKAN UNDANG-UNDANG LEMBAGA KEUANGAN MIKRO DI EKS KARESIDENAN SURAKARTA
Journal Title: YUSTISIA JURNAL HUKUM - Year 2015, Vol 4, Issue 3
Abstract
Bank limited effort to reach the lower layers causing many lenders to lend money to small businesses with high interest. The economic crisis that hit Indonesia since 1997 require alternative financial institutions that are free from the element of riba. The existence of usury system by taking additional interest in the form of clear reviling people in that society began to turn to the Islamic financial institutions. The purpose of this study is to assess the implementation of cooperative enterprises and before cooperative the enactment of the act microfinance institutions in Surakarta and formulate the ideal form of business entity is legally accountable for the management of BMT is based on the act microfinance institutions in Surakarta.This study consists of empirical research on legal identification and study of the effectiveness of the law. The intention is to link the law to attempt to achieve the destination and concrete needs in the community. The research is intended to find the ideal legal form BMT after enacted the act on microfinance institutions in Surakarta. Results of this study are the majority of BMT in Surakarta choosing legal entities because of the cooperative which is closer to the goal of BMT is to improve the welfare of young people. However, cooperatives are not suitable to be applied in BMT because of the different philosophy and operational.The solution must be separated between Baitul Maal and Tamwil. Thus, the ideal form of legal entity Shariah compliance is Syirkah Inan. This is the type of law syirkah point of agreement among the fukoha. Even so this is a form syirkah syirkah widely practiced throughout Muslim history. This form of partnership is more convenient and practical because it does not require equality and employment equity. So I suggested to the Government to formulate the act that specifically regulate and recognize tamwil Syirkah Tamwil Inan as a legal entity.
Authors and Affiliations
Solikhah Solikhah, Burhanudin Harahap, Luthfiyah Trini Hastuti
Keywords
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- EP ID EP415783
- DOI 10.20961/yustisia.v4i3.8694
- Views 122
- Downloads 0
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