BANK SYARIAH SEBAGAI ALTERNATIF LEMBAGA PERANTARA KEUANGAN

KHAEROTUN, S.H.,Sag. (2004) BANK SYARIAH SEBAGAI ALTERNATIF LEMBAGA PERANTARA KEUANGAN. Thesis thesis, UNIVERSITAS AIRLANGGA.

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Official URL: http://lib.unair.ac.id

Abstract

Islamic bank is part of banking system which its activity character and operation system differ from that of conventional bank, so there is a need of regulation especially for operational system of Islamic banking. The objective is to comply to sharia principle. Yet, some current regulations have not met with the nature of business of Islamic bank in which interest rate and speculative business are not recognized, but it give the highest priority to return sharing principle in partnership and justice. Islamic bank character prohibits interest (riba), future trading or unreal transaction (gharar and speculative transaction (gharar) and speculative transaction (maysir). The prominent principle of Islamic banking transaction lies on every transaction that must be backed up by a real underlying assets, since the existence of underlying assets will link together between the growth of financial sector and that of real sector. Therefore derivative transactions known as buying without paying and selling without owning must be avoided by the sharia banker. The objective of establishing Islamic bank is to promote and develop financial trransaction and banking and its related business based on syariah principles of Islam, such as : prohibit any riba in its every transaction, generate trading activity based on a legal or permitted return, and to improve collection of zakat (donation and investment based on real activity. Therefore the success of Islamic financial institution in attracting investor depends not only on the institution's ability in generating profit, but also how seriously is the institution paid attention and applied Islamic restriction in its every transaction. The development of Islamic bank is based on dual banking system that means both conventional and syariah system parallelly to run according to Act No.10 year 1998 about the change of Act No.7 year 1992 about banking. During the time of crisis it was the fact that bank operates with' syariah principles can stand for in dealing with the fluctuation of currency exchange rate and high interest rate. This is caused by the characteristic of Islamic bank that prohibits interest (riba), abandones speculative financial transaction (maisir), and restricts a highly unpredicted risk of transaction (gharar).

Item Type: Thesis (Thesis)
Additional Information: KKB KK-2 THP 02/05 Kha b
Uncontrolled Keywords: Bank Syariah ; Underlying assets
Subjects: K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K1000-1395 Commercial law > K1024-1132 Commercial contracts > K1066-1089 Banking
K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K1000-1395 Commercial law > K1024-1132 Commercial contracts > K1094-1096 Loan of money
Divisions: 03. Fakultas Hukum > Magister Hukum Bisnis
Creators:
CreatorsEmail
KHAEROTUN, S.H.,Sag.UNSPECIFIED
Contributors:
ContributionNameEmail
ContributorMoch. Isnaeni, Prof. Dr., SH., MSUNSPECIFIED
Depositing User: Tn Joko Iskandar
Date Deposited: 2016
Last Modified: 14 Jun 2017 18:18
URI: http://repository.unair.ac.id/id/eprint/35421
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