KONSEP PENGATURAN PENJAMINAN SIMPANAN NASABAH PADA BANK SYARIAH
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Date
2015-11-30Author
MUHAMMAD, DANANG WAHYU
LESTARI, AHDIANA YUNI
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Fund Guarantor Institution (LGI) does not yet have Syariah scheme as a distinguishing feature of Sharia-based
society fund guarantee. Meanwhile, the existing Government Regulation, that is PP No. 39 Year 2005 about Bank
Customer Fund Guarantee based on Sharia Principles, is very simple so that it is not sufficient and does not cover
Islamic Banks. Based on the background, the problem formulation in this research is “What is the concept of
customer fund guarantee regulation like in Islamic Banks?” The objective of this research is to make a concept
about customer fund guarantee regulation in Islamic Banks.With law and conceptual approach method. As a
doctrinal law research, this research will only review legal materials; primary legal materials, secondary legal
materials, and non-legal materials. The analysis of this research uses prescriptive method.The conclusion of the
research is that in Banking Operation Principles in Indonesia there are two types of banks; conventional and
Islamic bank, where both types use different systems. As a consequence, in principle, the institution that guarantees
the customer fund should be distinguished. This is based on some considerations: Islamic Banks proscribes bank
interest, because of that they do not use bank interest mechanism in its operation, therefore the institution that
guarantees its customer fund should not use bank interest mechanism.In its operational systems, Islamic Banks
use covenants that have been determined according to Islamic Fiqh, so the institution that guarantees its customer
fund should base its operation system to the covenant that is based on Islamic Fiqh. Islamic Banks are limited by
what may be done and what may not be done based on Islamic Fiqh, determination, so the institution that
guarantees its customer fund should base its operational on the same determination. Therefore, there will be a
consistency between Islamic Banks and the institution that guarantees its customer fund in Islamic Banks which
at the end will guarantee protection towards the customers who are willing to perform Islamic religious duty in a
good and correct way.