ANALISIS HUKUM ISLAM TERHADAP LEMBAGA PENJAMIN SIMPANAN (LPS) BAGI NASABAH PENYIMPAN DANA MENURUT UNDANG-UNDANG NOMOR 24 TAHUN 2004 TENTANG LEMBAGA PENJAMIN SIMPANAN
| Main Author: | Azam, Abu |
|---|---|
| Format: | Article eJournal |
| Bahasa: | eng |
| Terbitan: |
[ 3 ] JURNAL HUKUM & PEMBANGUNAN
, 2013
|
| Online Access: |
http://lib.law.ugm.ac.id/ojs/index.php/jhp/article/view/3288 |
Daftar Isi:
- Deposit Insurance Corporation (LPS), is an independent agency, which serves depositor guarantee deposits and actively participates in maintaining the stability of the banking system in accordance with their authority. In carrying out these functions, LPS has the task, among others: (1) formulate and determine policy implementation ofdeposit insurance, (2) implement deposit insurance, (3) formulate and determine policy in order to actively maintain the stability ofthe banking system, (4) formulate, define, and implement Bank settlement policy that does not affect systemic failure, and (5) implement the handling ofBank Failure systemic impact. In theframework oflegal protection ofdepositors under the Act LPS, LPS not really get the protection of the law, particularly in relation to public law between LPS with depositors. LPS is not known in Islamic law, but is known to an agency that has one function as LPS is Baitul Mal wat Tamwil (BMT), which has been known in the economic traffic ofIslam since the time ofthe Prophet. BMTposition ofIslamic law, are: First, a public law institution which is engaged in the general field, not individually. Baitul Mal not only handles most aspects ~feconomic activity ~f the people, but an agency in charge ~f all the inflows and ou(flows ~f the Islamic government (caliphate). Second, part ~f the state institutions in charge ~ffinance income and expenses. There are d~fferences between the LPS and the Baitul Mal as deposit insurance agencies, namely: First, LPS in the conventional banking system, only income comes from one source that is also designated bank customers and only for customers peyimpan funds. While the concept ofBaitul Mal, Baitul Mal income from various sources in accordance with the laws ~fPersonality " the designation/ expenditures must be in accordance with what has been established by the Islamic rules' ~f qathi'ldefinite. Second, LPS as a deposit insurance agency by taking the source ~ffunds from depositors and one penggunaa is a deposit guarantee for the customers themselves in the perspective of Islamic law has a narrower meaning, because only part ofthe field Fa'i BMT-Kharaj , especially the section-control state budget generalfinancial guarantor institutions (LPS).Keywords: deposit insurance corporation (LPS), depositors, Baitul Mal wat Tamwil