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Thursday, 1 July 2010

SHARIA BANKS

1. Explain the development of Islamic Banking in Indonesia in accordance with legal procedures and regulations in Indonesia.The development of Islamic banking in Indonesia reflects the dynamics of the aspirations and wishes of the Indonesian people themselves to have an alternative banking system applied for a profitable system for customers and banks. Articles of Islamic banking practices began in the early 1980s, as the process of finding alternative banking system characterized by the principles of transparency, fair, balanced and ethical. Support Government in developing the Islamic banking system is then seen by the release of legal tools that support the operational system of Islamic bank, namely Law no. 7 Year 1992 on Banking and No. 72 Year in 1992. This provision marked the beginning of the era of dual banking system (dual banking system) in Indonesia, namely the operation of the conventional banking system and banking system with the principle of profit sharing. In this dual banking system, both the banking system and synergistically together to meet community needs for products and services Containers Islamic Da'wah "wadi" banking, as well as support the financing for the sectors of national economy. Furthermore, through the amendment of Law Number 7 Year 1992 on Banking became Act No. 10 of 1998, the existence of Islamic banking system is increasingly driven development. Under the Act No.10 Year 1998, Public Bank is allowed to conduct operations based on sharia principles, namely through the opening UUS (Syariah Business Unit). In this law also for the first Islamic bank name officially replaced the term bank for hasilyang been used since 1992. Own rules about the current Islamic banking is based on Bank Indonesia Regulation Number 9/7/PBI/2007 and effective date of May 4, 2007 concerning Amendment to Bank Indonesia Regulation Number 8/3/PBI/2006 about Business Shifting Conventional Banks Commercial Banks Conducting Business Based on Sharia Principles and Opening of Bank Offices Conducting Business Based on Sharia Principles by Conventional Commercial Banks. Islamic banking market share gained momentum against the conventional banks. When the rate of growth of Islamic banks grew rapidly, so it is not impossible to achieve or even exceed the target of Islamic Banking assets 5% of the national banking assets in 2011, as listed in the blueprint (blueprint) the development of Islamic banking from Bank Indonesia
2. How urgent existence with the MUI fatwa in Islamic Banking?
 Very Urgent because the MUI fatwa became the role model for Islamic bank policy making in solving problems faced by Islamic banking. 

3. Explain the "dual banking system" and the "dual banking system" in the development of sharia banking in Indonesia, along with a description.
 dual banking system: the operation of the conventional banking system and banking system with the principle of profit sharing. • Description: In this dual banking system, both the banking system and synergistically together to meet community needs for products and services Containers Islamic Da'wah "wadi" banking, as well as support the financing for the sectors of national economy.  dual banking system: dual banking system • information: the role of Islamic banks in supporting the stability of national financial systems, together synergistically with conventional banks.
4. Solving problems that customers default in Islamic banking, there are several ways. Explain based on the DSN-MUI fatwa.
 This should be evaluated beforehand what caused the customer does not want to pay the installments. 1. Customers do not pay the installments as scheduled. 1) If the customer is able but unwilling to pay the installment (do not have a good i'tikad), a bank can give a reprimand in stages ranging from warning letters (SP) to the attachment. Even banks can provide customers ta'wid for breach of this behavior as that outlined in the Fatwa DSN No 17/DSN-MUI/IX/2000. To provide legal certainty in this case it is in deed signed murabaha and bank customers should be accommodated so well that all the steps and solutions taken by the bank was not legally flawed. In terms of ta'wid for example, a bank must make a draft agreement which accommodates all the steps and legal consequences of murabahah agreed upon with the customer. So that there will be no legal issues that weaken the banks and customers because of behavior that made. 2) As if that be the cause of customers not mamu's inability to pay installments for the sake find the best solution between banks and customers may decide by consensus the best possible way. This was as where the word of Allah Almighty in the letter of al Baqarah verse 280. "And if (the person who owes it) in trouble, So give respite until he berkelapangan. and menyedekahkan (some or all of the debt), it is better for you if ye but knew. " However, if consensus did not provide the best solution then either party may submit the matter to the Court of Religions for decision on the case is requested. Because if this is allowed to protracted it will be detrimental to the bank because the bank must maintain rentabilitasnya 2. Customers are not able to repay the financing. 1. Between not want and can not of course different, people who do not want to pay yet surely he can not afford to pay, but customers who can not afford to pay already confirmed he will not make a payment. This can be caused by various obstacles, such as those customers affected by layoffs, company went bankrupt, its business suffered a loss and so forth. 2. bank can perform rescheduling, restructuring and reconditioning of the receipt of financing by way of rescheduling melakukanm, granting waivers and possibly murabahah conversion to any other contract in accordance with Shariah (Fatwa DSN N. 49/DSN-MUI/II/2005). However there are two prerequisites that must be met for conversion to the akad akad murbahah others are: First, do not increase the number of bills remaining. Second, in the process of loading the cost of rescheduling is the real cost, and must be based on agreement between both parties (Fatwa DSN No. 48/DSN-MUI/II/2005). 3. But a last resort that may be taken if the customer is not possible anymore to pay off their financing, it can be solved by selling collateral that becomes the object of the contract to the Bank of Sharia in accordance with the market price, and customers pay the remaining debts to the Bank Shariah from the proceeds . If the result of the seller is greater than the remaining debt, the excess is refunded to customers, whereas if the sales proceeds less than the remaining debt, the customer is obliged to repay the remaining debt.
5. What you know about: margin, profit sharing, GWM, SBI, LLG, LPS, Fee-Based Income.
 Margin: set a specific percentage per year, per month, on a daily basis by the bank  For the results: The agreement between the provider of capital to entrepreneurs. Any advantage gained will be divided according to specific ratios agreed. Risk of loss will be filled by the Bank except for losses caused by mismanagement, negligence and abuse of party customers such as misappropriation, fraud and abuse.  GWM: Statutory Minimum  SBI: Bank Indonesia Certificate, must be owned by the bank as proof he had received permission from Bank Indonesia  LLG: Traffic Demand, to give the minimum and maximum limits for banks in conducting trnsaksi  LPS: Institutions in charge of ensuring the security guarantor of deposits at the bank where the customer's money she saved.  Fee-based Income: income from services that the bank obtained the results of Murabaha transactions, muqayad.

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