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Implementasi Ganti Rugi (Ta’wid) dalam Akad Muamalah dan Korelasinya dengan Tanggungjawab dalam Hukum Perdata (al-Mas’ûliyah al-Madaniyah Mesir dan Syuria)

Abstract

The obligation to provide compensation in civil law (Muamalah) and criminal (Jinayah) based on the formula in the Qur’an, al-Hadith and Ijma ‘Ulama. The implementation of Ta’widh (compensation) can be included in the discussion of civil law (muamalah) and criminal law (jinayah). The purpose of this study is to find out the concept of compensation in the perspective of Islamic law and its implementation in muamalah contract. The theoretical framework used is Maqashid al-Syarî’ah. While the research method used is the Normative Juridical method, namely the method of legal research carried out by examining library research. The research approach used is the Comparative Approach. This study concludes that the implementation of compensation is very broad because it can enter the realm of muamalah (civil) and jinayah (criminal), in contrast to the decision of the fatwa of the Indonesian Ulama Council (MUI) Number 43 of 2004 concerning Compensation (dhamân / ta’wîdh), where compensation can only be applied to transactions (contracts) that cause debt (dain), such as Salaam, Istishnâ ‘, Murâbahah and Ijârah.

Download : https://journal.uhamka.ac.id/index.php/jei/article/view/2491

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Implementasi Ganti Rugi (Ta’wid) dalam Akad Muamalah dan Korelasinya dengan Tanggungjawab dalam Hukum Perdata (al-Mas’ûliyah al-Madaniyah Mesir dan Syuria)

Abstract

The obligation to provide compensation in civil law (Muamalah) and criminal (Jinayah) based on the formula in the Qur’an, al-Hadith and Ijma ‘Ulama. The implementation of Ta’widh (compensation) can be included in the discussion of civil law (muamalah) and criminal law (jinayah). The purpose of this study is to find out the concept of compensation in the perspective of Islamic law and its implementation in muamalah contract. The theoretical framework used is Maqashid al-Syarî’ah. While the research method used is the Normative Juridical method, namely the method of legal research carried out by examining library research. The research approach used is the Comparative Approach. This study concludes that the implementation of compensation is very broad because it can enter the realm of muamalah (civil) and jinayah (criminal), in contrast to the decision of the fatwa of the Indonesian Ulama Council (MUI) Number 43 of 2004 concerning Compensation (dhamân / ta’wîdh), where compensation can only be applied to transactions (contracts) that cause debt (dain), such as Salaam, Istishnâ ‘, Murâbahah and Ijârah.

Download : https://journal.uhamka.ac.id/index.php/jei/article/view/2491

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PENGARUH PEMBIAYAAN UMKM DAN RASIO KEUANGAN TERHADAP PERTUMBUHAN LABA BANK UMUM SYARIAH DI INDONESIA

Abstract

The aims of this research is to analyze the influence of sharia financing by the real sector through micro, small, and medium enterprises (SMEs), the influence of capital adequacy (CAR), efficiency (BOPO) and the influence of Non Performing Financing (NPF) of Islamic Banking in Indonesia to earn profit in the period 2013-2017 per-quarter. This research using panel data regression method. The result shows that the Capital Adequacy Ratio (CAR) has no effect on profitability (ROA), while SMEs, Efficiency (BOPO) and Non- Performing Financing have a negative and significant effect on the probability of sharia banking.

Keywords: Profitability (ROA), Capital Adequacy Ratio (CAR), Efficiency (BOPO), Non-Performing Financing (NPF).

Download : https://journal.uhamka.ac.id/index.php/jei/article/view/2489

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PENGARUH PEMBIAYAAN UMKM DAN RASIO KEUANGAN TERHADAP PERTUMBUHAN LABA BANK UMUM SYARIAH DI INDONESIA

Abstract

The aims of this research is to analyze the influence of sharia financing by the real sector through micro, small, and medium enterprises (SMEs), the influence of capital adequacy (CAR), efficiency (BOPO) and the influence of Non Performing Financing (NPF) of Islamic Banking in Indonesia to earn profit in the period 2013-2017 per-quarter. This research using panel data regression method. The result shows that the Capital Adequacy Ratio (CAR) has no effect on profitability (ROA), while SMEs, Efficiency (BOPO) and Non- Performing Financing have a negative and significant effect on the probability of sharia banking.

Keywords: Profitability (ROA), Capital Adequacy Ratio (CAR), Efficiency (BOPO), Non-Performing Financing (NPF).

Download : https://journal.uhamka.ac.id/index.php/jei/article/view/2489

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PENGARUH PEMBIAYAAN UMKM DAN RASIO KEUANGAN TERHADAP PERTUMBUHAN LABA BANK UMUM SYARIAH DI INDONESIA

Abstract

The aims of this research is to analyze the influence of sharia financing by the real sector through micro, small, and medium enterprises (SMEs), the influence of capital adequacy (CAR), efficiency (BOPO) and the influence of Non Performing Financing (NPF) of Islamic Banking in Indonesia to earn profit in the period 2013-2017 per-quarter. This research using panel data regression method. The result shows that the Capital Adequacy Ratio (CAR) has no effect on profitability (ROA), while SMEs, Efficiency (BOPO) and Non- Performing Financing have a negative and significant effect on the probability of sharia banking.

Keywords: Profitability (ROA), Capital Adequacy Ratio (CAR), Efficiency (BOPO), Non-Performing Financing (NPF).

Download : https://journal.uhamka.ac.id/index.php/jei/article/view/2489

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DETERMINAN NON PERFORMING FINANCING SEKTOR KONSTRUKSI PADA PERBANKAN SYARIAH PERIODE 2010 – 2017

Abstract

The aim of this research is to analyze the determinant of construction’s non-performing financing in short-term and long-term. This research used Vector Error Correction Model (VECM). The result shows that in short-term CAR at the first until fourth lag, Inflation at the first until third lag, IPI at the first until third lag, and Foreign Debt at the third until fifth lag has a significantly positive effect to Construction’s Non-Performing Financing. FDR at the third and fourth lag and Exchange Rate at the first lag have a significantly negative effect on Construction’s Non-Performing Financing. Meanwhile, in long-term FDR, CAR, Inflation, and IPI have a significantly positive effect on Construction’s Non-Performing Financing. Exchange Rate and Foreign Debt have no significant effect on Construction’s Non-Performing Financing.

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DETERMINAN NON PERFORMING FINANCING SEKTOR KONSTRUKSI PADA PERBANKAN SYARIAH PERIODE 2010 – 2017

Abstract

The aim of this research is to analyze the determinant of construction’s non-performing financing in short-term and long-term. This research used Vector Error Correction Model (VECM). The result shows that in short-term CAR at the first until fourth lag, Inflation at the first until third lag, IPI at the first until third lag, and Foreign Debt at the third until fifth lag has a significantly positive effect to Construction’s Non-Performing Financing. FDR at the third and fourth lag and Exchange Rate at the first lag have a significantly negative effect on Construction’s Non-Performing Financing. Meanwhile, in long-term FDR, CAR, Inflation, and IPI have a significantly positive effect on Construction’s Non-Performing Financing. Exchange Rate and Foreign Debt have no significant effect on Construction’s Non-Performing Financing.

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DETERMINAN NON PERFORMING FINANCING SEKTOR KONSTRUKSI PADA PERBANKAN SYARIAH PERIODE 2010 – 2017

Abstract

The aim of this research is to analyze the determinant of construction’s non-performing financing in short-term and long-term. This research used Vector Error Correction Model (VECM). The result shows that in short-term CAR at the first until fourth lag, Inflation at the first until third lag, IPI at the first until third lag, and Foreign Debt at the third until fifth lag has a significantly positive effect to Construction’s Non-Performing Financing. FDR at the third and fourth lag and Exchange Rate at the first lag have a significantly negative effect on Construction’s Non-Performing Financing. Meanwhile, in long-term FDR, CAR, Inflation, and IPI have a significantly positive effect on Construction’s Non-Performing Financing. Exchange Rate and Foreign Debt have no significant effect on Construction’s Non-Performing Financing.

Download : https://journal.uhamka.ac.id/index.php/jei/article/view/2488

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STRATEGI PENYELESAIAN PEMBIAYAAN BERMASALAH PADA AKAD MUDHARABAH DI BANK MUAMALAT INDONESIA SERTA PENGARUHNYA TERHADAP PENURUNAN TINGKAT NON PERFORMING FINANCING (NPF) BANK MUAMALAT INDONESIA

Abstract

The author conducts the research within the scope of the Troubled Financing Settlement Strategy on Mudharabah Agreement at Bank Muamalat Indonesia. Problem financing is a problem that is very influential on bank soundness and almost occur in some banks, not to mention the Bank Muamalat Indonesia classified as experiencing problematic financing sufficient to the spotlight in the 2014 period of 6.55% and 2015 of 7.11%. Facts prove that in 2016 Bank Muamalat Indonesia able to reduce the level of problem financing to 3.83% and in 2017 to 4.7% thus proving that in fact Bank Muamalat Indonesia able to complete financing problem well in the next year with the strategy of financing problem settlement Bank Muamalat Indonesia conducted in the year 2016. However, the current discourse of Bank Muamalat will be acquired by Minna Padi securities company due to lack of capital faced by Bank Muamalat Indonesia caused by high NPF (Non-Performing Finance) factor, more or less influenced by problematic financing including mudharabah financing. This study aims to determine the strategy of financing settlement on mudharabah contract. The results of this study show that in the handling of customers who experienced problematic financing, Bank Muamalat Indonesia using the strategy, revitalization: rescheduling, reconditioning, restructuring and management assistance, then if the customer is not well-settled then the Settlement is settled through the guarantee, Through BAMUI (Arbitration Board Muamalat Indonesia), and settlement by way of Litigation. The results of this study are expected to provide input to the high NPF (Non-Performing Finance) issues currently facing Bank Muamalat Indonesia and target the NPF to fall to 3%.

Download : https://journal.uhamka.ac.id/index.php/jei/article/view/1289

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STRATEGI PENYELESAIAN PEMBIAYAAN BERMASALAH PADA AKAD MUDHARABAH DI BANK MUAMALAT INDONESIA SERTA PENGARUHNYA TERHADAP PENURUNAN TINGKAT NON PERFORMING FINANCING (NPF) BANK MUAMALAT INDONESIA

Abstract

The author conducts the research within the scope of the Troubled Financing Settlement Strategy on Mudharabah Agreement at Bank Muamalat Indonesia. Problem financing is a problem that is very influential on bank soundness and almost occur in some banks, not to mention the Bank Muamalat Indonesia classified as experiencing problematic financing sufficient to the spotlight in the 2014 period of 6.55% and 2015 of 7.11%. Facts prove that in 2016 Bank Muamalat Indonesia able to reduce the level of problem financing to 3.83% and in 2017 to 4.7% thus proving that in fact Bank Muamalat Indonesia able to complete financing problem well in the next year with the strategy of financing problem settlement Bank Muamalat Indonesia conducted in the year 2016. However, the current discourse of Bank Muamalat will be acquired by Minna Padi securities company due to lack of capital faced by Bank Muamalat Indonesia caused by high NPF (Non-Performing Finance) factor, more or less influenced by problematic financing including mudharabah financing. This study aims to determine the strategy of financing settlement on mudharabah contract. The results of this study show that in the handling of customers who experienced problematic financing, Bank Muamalat Indonesia using the strategy, revitalization: rescheduling, reconditioning, restructuring and management assistance, then if the customer is not well-settled then the Settlement is settled through the guarantee, Through BAMUI (Arbitration Board Muamalat Indonesia), and settlement by way of Litigation. The results of this study are expected to provide input to the high NPF (Non-Performing Finance) issues currently facing Bank Muamalat Indonesia and target the NPF to fall to 3%.

Download : https://journal.uhamka.ac.id/index.php/jei/article/view/1289