Rosalina, Farisca Eka (2017) Implikasi Yuridis Perubahan Bentuk Badan Hukum Baitul Maal Wa Tamwil (BMT) Menjadi Bank Dalam Undang-Undang Nomor 1 Tahun 2013 Tentang Lembaga Keuangan Mikro. Sarjana thesis, Universitas Brawijaya.
Abstract
Law No. 1 Year 2013 on Microfinance Organization clearly confirms what is related to the regulation of the status of Baitul Maal Wa Tamwil (BMT) as microfinance organization. This is a yuridical normative research that observed legal entity. The approach employed in this research constituted both statute and conceptual approach. It is concluded from the research that BMT as a legal entity that works under microfinance organization cannot be categorized as saving and loan cooperative and Syaria Finance (KSPPS) under the Department of Cooperatives and Small and Medium Enterprises, but it is more into sharia cooperative of microfinance organizations under the financial Services Authority (OJK). The shift from Baitul Maal Wa Tamwil Legal Entity (BMT) to a bank where the business activities take place in more than one regency/city (Article 27, Law on Microfinance Organization) significantly affects how the business is run, in which it must turn from legal entity to Sharia Rural Bank (BPRS) and comply with the regulation of Bank Indonesia No. 6/17/PBI/2004 because Baitul Maal Wa Tamwil is run based on sharia principles and does not provide services related to payment transaction (Article 14, Law on Microfinance Organization). The regulation in law, Article 5 on Microfinance Organization is no longer in effect when BMT converts to a bank, while the regulation that regulates banking policy is to be applied. In Article 2 of the Regulation of Bank Indonesia No. 6/17/PBI/2004 on Syaria-based Rural Bank, it is stated that legal entity of BPRS may involve: Limited Liability Company (PT), cooperative, or Regional Company. Sharia-based Rural Bank (BPRS) is only allowed to open branch offices within the same provinces as where headquarter is established (Article 37 Paragraph 2, Regulation of Bank Indonesia No. 6/17/PBI/2004). It is recommended Baitul Maal Wa Tamwil immediately meet the regulation of Law No. 1 Year 2013 with all the regulations that follow. Baitul Maal Wa Tamwil must immediately convert to a banking institution when the range of banking activities exceeds a city or regency or at least, without having to change to a bank, it should change its name to KSPPS in order to remain as a sharia based cooperative under the Department of Cooperatives and Small and Medium Enterprises, not under Financial Services Authority (OJK). Saving and Loan Cooperative and Sharia Finance (KSPPS) is only restricted to its members and it is unable to collect fund from communities but it is allowed to run its business up to provincial level.
Item Type: | Thesis (Sarjana) |
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Identification Number: | SKR/FH/2017/391/051712533 |
Uncontrolled Keywords: | Juridical Implication, Baitul Maal Wa Tamwil Legal Entity (BMT), Bank, and Law of Number 1 Year of 2013 on Microfinance Organization |
Subjects: | 300 Social sciences > 346 Private law > 346.08 Banks and insurance > 346.082 Banks |
Divisions: | Fakultas Hukum > Ilmu Hukum |
Depositing User: | Kustati |
Date Deposited: | 27 Dec 2017 06:57 |
Last Modified: | 18 Nov 2020 06:52 |
URI: | http://repository.ub.ac.id/id/eprint/7549 |
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