KAJIAN YURIDIS TERHADAP INVESTASI GADAI EMAS DI PERBANKAN SYARIAH
ABSTRACT: One of
the banks that
have Islamic sharia
pawning gold products,
commonly known as the
Golden Pawn Bank
Syariah Mandiri which
binding financing using
qardh agreement in
order rahn. Funding is provided
to customers who have gold and need money immediately. This is evident from the
rise of sharia pawning gold (rahn) who allegedly deviated from its original
purpose. This concern arises because sharia should bertumpuh lien on Islamic
principles which the essence is to help people to get funds quickly and for
working capital. In practice, sharia pawning gold began to leave the essence
and more widely used for profit through repeated practice of speculative
mortgage.
The research was
conducted using the
method of normative
legal research or
legal research literature, the
data used are the primary legal materials, secondary, and tertiary, while the
data collection is done with the study of literature (library researh). The
method used in analyzing the data is qualitative analysis.
Based on the results of the study authors that the legal basis for the
gold investment in Islamic perspective
is the verses
of the Qur'an
Surah Al-Baqarah (2)
Section 283 is
grounds relied upon
in developing the concept of Islamic mortgage (Rahn). Hadith of the
Prophet Muhammad in the hadith that Aisha
riwayatkan by Muslim
Faith, ijma 'ulama
agreed on the
permissibility of the legal
status of liens, and
the Islamic National
Fatwa council chamber
Ulama Indonesia (DSN-MUI)
became one of the
references relating to liens sharia (Rahn). Specifically with regard to sharia
law lien (Rahn), MUI through the
National Islamic council
issued a fatwa
No.: 25/DSN-MUI/III/2002. Arrangements
relating to investment gold
pawning at sharia
banks namely, Bank
Indonesia Regulation. 10/17/PBI/2008 On Islamic Banking products and Sharia that
in order to avoid the risk of loss, the Islamic Bank and Islamic Business Unit
obliged to maintain the quality of its financing, ne of the effort to maintain
the quality of the financing, Islamic banks and Sharia can restructure
financing of customers who have business prospects and /
or ability to
pay and estrukturisasi Financing
Financing only be
made for the
quality of Substandard, Doubtful
and Loss that must be supported by analysis and evidence of adequate and
well-documented. Circular Letter
of Bank Indonesia
(SEBI) No.. 14/7/DpBs
dated February 29,
2012 concerning the rules
contributed to pawn
gold pawn gold
trigger for increased
business, especially in Islamic
banking. Given this
rule, gold pawning
business become more
organized, and only
for urgent short-term loans. No
more gold for investment fiduciary practices.
Penulis: M Kharrazi
Kode Jurnal: jphukumdd130654
